Articles by "Ganga Prasad"
SRINAGAR, MAY 21: Justice Mohammad
Yaqoob Mir senior most judge of J&K High Court who was appointed as Chief
Justice of Meghalaya High Court by President of India was today administered
oath of Office as Chief Justice of Meghalaya High Court by Governor of
Meghalaya Ganga Prasad Chaurasia at Raj Bhawan, Shillong in an impressive
function.
The Oath ceremony
was attended by Judges of Meghalaya High Court, J&K High Court,
bureaucrats, relatives of Justice Mohammad Yaqoob Mir and officials of
Registry.
The warrant of
appointment was read by Registrar General Meghalaya High Court Mrs Belma
Mawrie.
Shillong,
Nov 14: Meghalaya governor Ganga Prasad said that he would follow the
Constitution to decide the fate of the legislators who hold the posts of
parliamentary secretaries.
On November 9, the Meghalaya High Court had declared the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions)
Act, 2005 "invalid" for want of legislative competence of the state
legislature.The court, however, has left the question of disqualification of the MLAs
holding the post of parliamentary secretaries 'open' for determination by the
governor, if it is raised in accordance with the law. The court passed the judgment after adjudicating a public interest litigation
(PIL) filed by one Madal Sumer, who challenged the validity of the act and
alleged that MLAs holding the office of parliamentary secretaries should be
disqualified. Yesterday, Mr Sumer met the Governor and submitted a memorandum, seeking to
disqualify the legislators who had held the posts of parliamentary secretaries. In the petition to the Governor, Sumer said that the appointments to the posts
of Parliamentary Secretary were on the basis of the Act of 2005 which stands
struck down.
Demanding the resignation of the 17 legislators, Sumer stated that by virtue of
section 6 of the Act, the offices of all the parliamentary secretaries were
entitled to receive salaries.
“The said MLAs continued to hold their respective post of parliamentary
secretaries even after the pronunciation of Bimolangshu Roy’s case by the Apex
Court on 26.07.2017 till the High Court of Meghalaya struck down their
appointment in its order dated 09.11.2017,” Mr Sumer said. He also stated in the petition to the Governor that there is no dispute that
all the 17 MLAs were holding the post under state which were capable of
yielding pecuniary gain and as such they were holding the “Office of Profit”
under the state of Meghalaya as per the proposition of the law laid down by the
Supreme Court. “The said MLAs are therefore liable to be disqualified for holding office of
profit under Article 191 (1) (a) of the Constitution of India,” Mr Sumer
stated. Mr Sumer in the petition to the Governor said that though by virtue of the
provision of Article 191 (1) (a) of the Constitution the state legislature is
empowered to make law exempting certain holder of office from the purview of
disqualification. UNI
