Shillong: Two years after three Congress MLAs merged with the ruling National People's Party (NPP) in Meghalaya, the Congress has taken the matter to the High Court, seeking the disqualification of the defecting legislators under the anti-defection provisions of the Tenth Schedule of the Constitution.
The party says the defections were illegal, fell short of the required numerical threshold, and amount to a betrayal of the electorate's mandate.
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MPCC General Secretary Manuel Badwar laid out the party's legal argument in detail, centering it on the two-thirds merger rule under the Tenth Schedule.
He said that on August 12, 2024, only two of the party's four sitting MLAs defected — amounting to just 50 per cent of the legislative party strength, well below the mandatory two-thirds threshold required for a valid merger.
"Two out of four does not meet this threshold, making them liable for immediate disqualification," Badwar said.
He further argued that a third MLA who joined later cannot be counted retroactively to make up the numbers. Crucially, Badwar noted that this third MLA had attended an MPCC meeting on August 16, 2024 — four days after the initial defections — and had signed the attendance register, indicating continued association with the Congress party at that point.
"The law does not permit staggered defections to be combined to meet the required numerical threshold. The violation stood complete at the moment the first two MLAs switched sides," he said.
Before approaching the High Court, the Congress had filed a petition before the Speaker of the Meghalaya Legislative Assembly. That petition was rejected on the ground that the petitioner — being a party secretary and not a sitting MLA — lacked the legal standing to file it.
The Congress has challenged that reasoning, arguing it contradicts established Supreme Court rulings that allow any individual with a legitimate interest in the democratic process to seek redress in anti-defection matters.
Badwar also alleged that the petition was dismissed without any substantive hearing on its merits, which he said left the party with no option but to move the High Court.
Badwar described the progress in the High Court as encouraging, saying five hearings have been held to date.
Notices have been issued to all respondent MLAs named in the petition.
The Congress has also raised a procedural objection to the Advocate General appearing on behalf of the Speaker, arguing that there must be a clear separation in legal representation since the Advocate General is the government's lawyer, not the Speaker's.
Beyond the legal technicalities, Badwar framed the case as a matter of constitutional accountability.
"The departure of these MLAs is a betrayal of the supporters' trust and is fundamentally illegal," he said.
"The intent behind taking this matter to court is to send a clear message that the Constitution and the law stand above the personal whims of any representative," he added.