Governor yet to act on HC order

Dual-post issue: Only KHADC CEM’s name sent to poll panel

SHILLONG: The Election Commission of India till date has received the name of only KHADC CEM P N Syiem as forwarded by the Meghalaya Governor in a query related to disqualification for holding dual post though the High Court of Meghalaya had earlier ordered consideration of all the eight legislators.
While Syiem is yet to relinquish the post of MDC, seven legislators- HDR. Lyngdoh, Ardent Miller Basaiawmoit, Stephanson Mukhim, Phlastingwell Pangniang, Brolding Nongsiej, Metbah Lyngdoh and Sanbor Shullai- had given up the posts of MDC fearing disqualification in the wake of State Government making the Dual-Post Bill effective from October 1.
The Election Commission in reply to the RTI query by Agnes Kharshiing, the mover of PIL on dual-post, said that the Commission had received  a reference from the Governor  as per article 192 (2) of the Constitution as referred to the Governor  by the state government on November  28 last year seeking disqualification  of Syiem.
“The reference case is under process and the same has been considered as secret document till the passing of final order by the Governor”, said NT Bhutia, Under Secretary the Election Commission, while adding till the Meghalaya Governor  passes his final order, the decision cannot be divulged.
The High Court in its order on December 15 last year, while stating that the case can await the decision of the Governor, which would be taken upon receiving the opinion of the Election Commission, however, observed that “the Election Commission of India is expected to give its opinion on the entire issue relating to all eight MLAs as referred to by the Governor”.
The case has been lingering since a PIL was filed in October 2014 seeking disqualification of legislators cum MDCs. The PIL highlights  about the rule 17(1) (a) of the Assam (and Meghalaya) Autonomous District (Constitution of District Councils) Rules 1951 for the disqualification of MDCs who are holding the post of  legislators.

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