UDP leader and former Assembly Speaker Bindo M. Lanong today said that the disqualification issue of Dr. Mukul Sangma’s group of twelve MLAs which deserted the Congress to join Trinamool Congress is lawfully warranted under paragraph 2 of the Tenth Schedule of the Constitution of India.
“Going strictly by the provisions of the law, without any attempt to directly or indirectly influence the Assembly Speaker, the preamble clearly states, ‘Provisions as to disqualification on ground of defection,’ offering no ambiguity for any interpretation,” Lanong said.
The former Speaker also said that the original paragraph 3 of the Tenth Schedule was inserted to allow split by the majority of not less than one third of the members of the party but this paragraph was later abrogated by the 91st Amendment 2003, sealing all doors for defection, with effect from January 1, 2004.
“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.
Lanong also referred to the case of BJP legislator A L Hek during the same term who joined the Congress government of D D Lapang and later J D Rymbai in 2009.
“The then Speaker ignored the case. Neither the BJP lodged any complaint, reportedly on the ground that the defection of one person did not cause any harm to the government, which however, the case should have been taken up on constitutional and technical ground,” Lanong said.
He also said that the other case was that of Ampareen Lyngdoh, who wanted to desert the UDP in 2009 and resigned as MLA, fought the by-election from Congress and got re-elected.
“The present case of Dr. Mukul Sangma and his other MLAs neither comes under paragraph 4 of the Tenth Schedule nor under any other permissible provision. Hence, their liability for disqualification,” Lanong asserted.
