A division bench of the Meghalaya High Court today referred a PIL, seeking disqualification of legislators holding dual posts, to a full bench headed by Chief Justice Uma Nath Singh for its final decision.
"We are of the considered view that such important issues are required to be decided by the full bench. Registry is directed to place this matter before the Chief Justice for his pleasure to constitute the bench," the division bench comprising Justice T N K Singh and Justice S R Sen said.
The order also came a day after Governor V Shanmuganathan gave his assent to the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) Bill, 2015, which prevents MLAs from holding another elected office in either of the three autonomous district councils.
Reacting to the new Act, Justice T N K Singh said "on bare perusal of the said Act, 2015, it appears that the present MLAs who hold the dual post i.E. The post of Chairman, Chief Executive Member and other Executive Member or ordinary member of a District Council in Autonomous District or any member nominated in District Council are no more protected from disqualification.
However, this question is left to the competent authority under Article 192 of the Constitution of India to take appropriate decision in his wisdom as to the disqualification of MLA holding the dual post in view of the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015," the order said.
According to the order, it is also made clear that pendency of the present writ petition shall not cause any prejudice or bar the authority under Article 192 of the Constitution of India in taking his decision.
While the next hearing on the matter has been fixed on October 14, the division bench has also directed the Registry to intimate the Governor, the Special Law Secretary and the Meghalaya Legislative Assembly secretary.
