Assembly Speaker Metbah Lyngdoh has served a show-cause notice to former chief minister and senior legislator Dr. Mukul Sangma, who recently joined the Trinamool Congress, to explain why his membership should not be disqualified under the anti-defection law.
The show-cause notice was issued today based on the petition by the Congress for disqualification of Dr. Sangma under the Tenth Schedule. Dr. Sangma was also directed to submit his reply to the notice within seven days.
The issuing of show-cause notice is a procedure as per the Tenth Schedule so as to enable the defecting MLA to reply and justify his action as per the provisions of the anti-defection law.
The Speaker will then examine the reply and decide whether the legislator has violated the provisions of the Tenth Schedule and whether he is liable for disqualification.
Informing media persons today, newly appointed Congress Legislature Party (CLP) leader Ampareen Lyngdoh said, “The office of the Speaker has acted promptly on my petition. The process will move forward in accordance with law and I am confident that I have justifiable grounds to seek the disqualification of the membership of Dr. Mukul Sangma and others.”
Lyngdoh had on November 29 submitted a petition to the Speaker seeking disqualification of the MLAs who split from the Congress in alleged contravention of the provisions of the Tenth Schedule of the Constitution of India.
She had filed the petition before the Speaker under Rule 7 of the Meghalaya Legislative Assembly (Disqualification on Ground of Defection) Rules, 1988.
Lyngdoh said that the complaint was lodged against all the MLAs, barring Charles Pyngrope and Shitlang Pale, adding, a petition of complaint against them will be submitted in a day or two.
“The Congress in its effort also speaks for the conscience of others, including the right of the electorates, to ensure that their elected representatives do not make a mockery of democracy,” Lyngdoh added.
Without making any further comment she said, “We shall open this discussion when the moment is right. This is a significant moment for our party.”
The Speaker had earlier ruled out any illegality in the former Congress MLAs joining the Trinamool Congress. He however said that he would examine the matter thoroughly and consult legal experts.
According to the Tenth Schedule, it requires at least two-third members of a legislature party to form a new political group, or ‘merge’ with another political party without getting disqualified under the anti-defection law.
As per the 91st amendment to the Constitution in 2003 which came into force in January 2004, a ‘merger’ requires at least two-third members of a legislature party to join another political formation or form a new one without inviting the wrath of the anti-defection law.
It may be mentioned that on November 25, twelve Congress MLAs led by Dr. Sangma officially made their announcement to merge with Trinamool Congress.
Yesterday Deputy Chief Minister and senior NPP leader Prestone Tynsong had said that he was not sure if the twelve Congress defectors are liable to be disqualified from Assembly membership.
Tynsong said that the twelve MLAs were not fools and may have consulted their legal experts before taking such a step to merge with the Trinamool Congress. He however said that it was for the Speaker to decide the matter.
However, UDP leader and former Assembly Speaker Bindo M. Lanong recently said that the disqualification issue of the twelve MLAs is lawfully warranted under paragraph 2 of the Tenth Schedule of the Constitution of India.
“The only lawful provisions is paragraph 4 of the Tenth Schedule, which has no bar for merger of political parties, like what the KHNAM president Paul Lyngdoh resorted to during the 2008-2013 term when he merged KHNAM with the UDP,” Lanong said.
He also referred to the case of Ampareen Lyngdoh deserted the UDP in 2009, resigned as MLA and fought the by-election from Congress and got reelected.
Lanong also said that the case of Dr. Mukul Sangma and his other MLAs neither comes under paragraph 4 of the Tenth Schedule nor under any other permissible provision and hence, they are liable for disqualification.
