SHILLONG, April 6: The final hearing related to the disqualification proceedings of two independent legislators who defected from the Meghalaya Progressive Alliance (MPA) was held today. The hearing of the independent legislators, Ismail Marak and Limison Sangma was held in camera and under tight security at the Assembly Secretariat. Accompanied by their legal counsel Devajit Saikia and N Dutta before Assembly Speaker Bindo M Lanong, the two independent pleaded before Speaker Lanong that they should not be disqualified by him as there is no provision to disqualify the independent legislators under the 10th Schedule of the Constitution.
The Assembly reporters in the presence of the Assembly secretary recorded the day’s proceedings held at the official chamber of the Speaker. Speaking to reporters after the hearing, Marak and Sangma said that there was no ground for the Speaker to disqualify them as they are independents. However, the legislators indicated that they will approach the court if they are disqualified by the Speaker.
According to them, they had submitted their views and will wait for the final judgment of the Speaker hoping that he would not disqualify them. Marak and Sangma had submitted their reply to the Speaker through their legal counsel on the final show-cause issued to them seeking their reply as to why they should not be disqualified under the anti-defection act. Subsequently, the Speaker had fixed the hearing for today.
Both the independent legislators had deserted the Meghalaya Progressive Alliance (MPA) Government on March 9 and supported the Congress-led Meghalaya United Alliance resulting in the present political crisis.
Speaker Lanong said that he would not act in haste, but will go according to the law. He said he will take his time to come up with his final verdict on the disqualification of the legislators.
Asked on whether the independent legislators should be disqualified, Lanong said that in the past, independents were disqualified. “Speakers in the past have disqualified independent legislators,” Lanong said while referring to the disqualification of five independent legislators from the Assembly in 1991 by then Speaker PR Kyndiah. Therefore, the argument of the legislators that they cannot be disqualified under the 10th Schedule of the Constitution is baseless, he added.
The Speaker also said that no court can challenge his final verdict saying that as per Article 122 and 212 of the Constitution, there can be no judicial review on the decision taken by him following the proceedings in the Assembly. He also said as per the 10th Schedule of the Constitution, the courts have no jurisdiction to interfere with the decision of the Speaker.
Meanwhile, other two legislators who had deserted the MPA, KHNAM president Paul Lyngdoh and NCP legislator and Deputy Speaker Sanbor Shullai today submitted their written reply to the Speaker through their lawyer Devajit Saikia to the show-cause notices issued to them. Their hearing will take place at the Assembly Secretariat tomorrow morning. THE SENTINEL
The Assembly reporters in the presence of the Assembly secretary recorded the day’s proceedings held at the official chamber of the Speaker. Speaking to reporters after the hearing, Marak and Sangma said that there was no ground for the Speaker to disqualify them as they are independents. However, the legislators indicated that they will approach the court if they are disqualified by the Speaker.
According to them, they had submitted their views and will wait for the final judgment of the Speaker hoping that he would not disqualify them. Marak and Sangma had submitted their reply to the Speaker through their legal counsel on the final show-cause issued to them seeking their reply as to why they should not be disqualified under the anti-defection act. Subsequently, the Speaker had fixed the hearing for today.
Both the independent legislators had deserted the Meghalaya Progressive Alliance (MPA) Government on March 9 and supported the Congress-led Meghalaya United Alliance resulting in the present political crisis.
Speaker Lanong said that he would not act in haste, but will go according to the law. He said he will take his time to come up with his final verdict on the disqualification of the legislators.
Asked on whether the independent legislators should be disqualified, Lanong said that in the past, independents were disqualified. “Speakers in the past have disqualified independent legislators,” Lanong said while referring to the disqualification of five independent legislators from the Assembly in 1991 by then Speaker PR Kyndiah. Therefore, the argument of the legislators that they cannot be disqualified under the 10th Schedule of the Constitution is baseless, he added.
The Speaker also said that no court can challenge his final verdict saying that as per Article 122 and 212 of the Constitution, there can be no judicial review on the decision taken by him following the proceedings in the Assembly. He also said as per the 10th Schedule of the Constitution, the courts have no jurisdiction to interfere with the decision of the Speaker.
Meanwhile, other two legislators who had deserted the MPA, KHNAM president Paul Lyngdoh and NCP legislator and Deputy Speaker Sanbor Shullai today submitted their written reply to the Speaker through their lawyer Devajit Saikia to the show-cause notices issued to them. Their hearing will take place at the Assembly Secretariat tomorrow morning. THE SENTINEL
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