Meghalaya Governor Ganga Prasad has sought the Election Commission's opinion on the disqualification of 17 legislators, who were holding charge as parliamentary secretaries, following the orders of the High Court, a Raj Bhavan official said today.
The matter was referred to the Election Commission of India as required under Article 192(2) of the Constitution of India on November 16 last, a Raj Bhavan deputy secretary said in a statement.
The matter was forwarded to the EC based on a representation by Madal Sumer, a resident of Jowai, who had approached the High Court to disqualify the 17 MLAs on certain legal grounds, he said.
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This was brought to the attention of the governor of Meghalaya on November 16 by Sumer and he took the decision to seek the opinion of the Election Commission of India, the official said.
Sumer had filed a PIL in the HC challenging the appointment of parliamentary secretaries in the state government citing a Supreme Court ruling on the matter.
The HC had on November 9 held invalid the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005 for want of legislative competence of the state legislature. It Act was struck down and the disqualifications were left at the hands of the governor.
Although all the 17 legislators had resigned en-mass on the same day itself, Sumer had told the governor that their resignation was of "no consequence" and that the disqualification does not allow them to continue as MLAs.
He cited the Supreme Court ruling and the powers conferred upon the Governor and said the 17 MLAs stand disqualified by operation of law with effect from the date they were appointed as parliamentary secretaries.
Of the 17 MLAs, Comingone Ymbon and Celestine Lyngdoh were elevated and inducted in the cabinet by Chief Minister Mukul Sangma earlier this year.
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