FROM OUR STAFF CORRESPONDENT
Shillong, Nov 27: Opposition, United Democratic Party (UDP) on Friday sought action against the Chief Adviser to the Meghalaya government, and former Chief Minister DD Lapang.
The complaint was submitted to Meghalaya Governor V Shanmugathan by the UDP-State Youth Wing president Hamlet Dohling on Friday following a reply from the Election Commission of India (ECI) on the issue asking the complaint to take up with the governor.
“We request you (Governor) to examine the matter, which is of importance, following the recent PIL taken up by the Meghalaya High Court against representatives holding dual post,” Dohling stated in the letter. On October 29, the UDP filed a similar complaint with the Election Commission of India seeking appropriate action against Lapang for allegedly holding ‘office of profit’.
The complaint was also made just after the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015 was passed by the State Legislative Assembly and made effective from October 1.
However in its reply on November 20, the ECI had clearly stated that the matter has to be raised before the Governor of Meghalaya.
“Your attention is invited to Articles 191 (1) and 192 of the Constitution of India and to say that any question relating to disqualification of a sitting Member of Legislative Assembly of State, under any of the clauses of Article 191 (1), has to be raised before the Governor of the state concerned under Article 192 (1) of the Constitution,” the ECI said in its reply.
The reply further said the jurisdiction of the ECI to enquire into question of disqualification of a sitting Member of Legislative Assembly, arises only on reference specifically made to the Commission for its opinion by the Governor of concerned state, under Article 192 (2).