In a major boost for the twelve Congress legislators who recently merged with the Trinamool Congress, the Assembly Speaker Metbah Lyngdoh has today ruled that their merger is valid and as such they do not attract disqualification from Assembly membership.
The twelve MLAs are Dr. Mukul Sangma, Charles Pyngrope, Himalaya M. Shangpliang, George B. Lyngdoh, Shitlang Pale Marthon Sangma, Jimmy D. Sangma, Lazarus M. Sangma, Miani D. Shira, Winnerson D. Sangma, Dikkanchi D. Shira, and Zenith M. Sangma.
The Speaker said that he has examined in detail all the twelve petitions filed by Congress Legislature Party leader Ampareen Lyngdoh and the comments received from all the twelve MLAs.
“After examining in detail all the twelve petitions filed by the petitioner Ampareen Lyngdoh, MLA, and the comments received from all the twelve respondents, I am satisfied that the merger of the twelve members of the Indian National Congress is valid as provided under paragraph 4 of the Tenth Schedule to the Constitution of India, and does not attract disqualification,” the Speaker said in his verdict.
He also dismissed the petitions filed by Ampareen Lyngdoh since he did not find any merit in the submissions made in the petitions filed by her.
It may be mentioned that on November 29, Ampareen had filed disqualification petitions with the Speaker against ten of the MLAs who merged with Trinamool Congress.
Again, on December 10, two more disqualification petitions were filed and submitted to the Speaker by Ampareen against Charles Pyngrope and Shitlang Pale.
As required, under Rule 7(3)(b) of the Meghalaya Legislative Assembly (Disqualification on Ground of Defection) Rules, 1988, notices were issued from the Meghalaya Legislative Assembly Secretariat to the twelve MLAs asking them to submit their comments on the pleadings in the petitions filed.
The Tenth Schedule of the Constitution prohibits defection but does not prohibit mergers. Paragraph 4(2) of the Tenth Schedule, dealing with mergers, says that only when two-thirds of the members agree to “merge” the party would they be exempt from disqualification. As per Paragraph 4(2), “merger” of a party means merger of a legislative party of that House.
With this verdict, Trinamool Congress has officially become the principal opposition party in the State Assembly and former chief minister Dr. Mukul Sangma is set to take over as the leader of opposition, the post he held while he was earlier with the Congress.
It may be recalled that on November 25, twelve Congress MLAs led by Dr. Sangma merged themselves with the Trinamool Congress. Their action reduced the strength of Congress to just five MLAs in the 60-member House.
