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Saturday, April 4, 2009

'Authority of Speaker is still intact but judiciary is supreme’

SHILLONG, April 3: Union Tribal Minister P Ripple Kyndiah, who was former Speaker of the Meghalaya Legislative Assembly, had created ripples eighteen years ago by disqualifying five independent legislators, but this time around he is not accepting the ruling of the present Speaker of the Meghalaya Legislative Assembly for interim suspension of five legislatures in the House.

Kyndiah had suspended five independent legislators on a complaint by HS Shylla for defying the whip of the political alliance.

The imposition of President’s rule in 1991 was attributed to the Speaker’s ruling and this time around, President’s Rule was invoked soon after the present Speaker Bindo M Lanong suspended the voting rights of five defected legislators.

Both the cases are said to be similar in nature but Kyndiah’s stand then as the Speaker was contradicted by his own utterance today. During an informal interaction after the Congress party press conference today, Kyndiah maintained that the Speaker has all the authority inside the House but the court rulings have reshaped the 10th Schedule and thus made the judiciary supreme in its own right. Asked about his role as a Speaker when he defied the court orders, Kyndiah stated, "Eighteen years ago, the 10th Schedule of the Constitution was in a virgin stage. I stood by the powers conferred on me, and since then there have been many rulings of the court that have redefined the Anti-Defection Law".

"I still maintain that the Speaker’s authority is still intact but one should remember that the judiciary is the uppermost," stated Kyndiah. He even cited an instance of the undergoing changes in Parliament where the Speaker can’t no more disqualify a member of the Lok Sabha without the consent of a special parliamentary committee.

Asked about the Speaker’s threat to disqualify the four defected legislators, Kyndiah said, "To my mind, the Deputy Speaker and the lone Khnam legislator do not come under the purview of the Anti-Defection Law". Deputy Speaker Sanbor Shullai has defected to the Congress and KHNAM MLA Paul Lyngdoh shifted has shifted his loyalty.

Meanwhile, Assembly Speaker B M Lanong once again reiterated that he will exercise all powers bestowed on him if the four legislators do not comply with his extended show-cause notice for breaching the Anti-Defection Law. "I have extended the dates till the 6 and of this month, and I will act according to the law if the members who are breaking the spirit of the law refuse to budge," warned Lanong. THE SENTINEL

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