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NCP moves Speaker to disqualify rebel legislators

Posted in August 2012

Staff Reporter
SHILLONG, Aug 30:
Nationalist Congress Party (NCP) in Meghalaya on Thursday moved the Meghalaya Assembly Speaker Charles Pyngrope seeking the disqualification of the 12 MLAs who have joined the National People’s Party (NPP).
NCP’s North East Observer and former Rajya Sabha MP, Robert Kharshiing, informed that his lawyers has moved the Speaker on Thursday seeking disqualification of the 12 NCP MLAs.
He was of the opinion that what is happening in Meghalaya was ‘bulk defection’ and apparent betrayal of the voters especially in Garo Hills who have voted these legislators to power on the NCP ticket.
According to Kharshiing, “If it is for the cause of the tribals (As the NPP claims it’s a tribal centric party), it would have been honourable had they resigned from their seats.”
He said the move was made following thorough discussion within the party which felt that the 12 MLAs who defected the party attract the provision of the 10th schedule.
“In a regional party like AGP, UDP or the TDP; two-thirds at the state level is okay but in the case of a National party like the Congress, NCP or the BJP, two thirds would have to be at the national level. Anything else invites disqualification,” maintained Kharshiing.
After the merger with NPP, NCP in Meghalaya has two legislators, Deputy Speaker Sanbor Shullai and under suspension legislator Adolf Lu Hitler R. Marak.
However, Kharshiing sounded optimistic that the merger of the NCP MLAs in Meghalaya attracts the provision of the anti defection law.
“As to my knowledge of the Constitution, my record is clear. I have fought one case in the Guwahati High Court against the state and won it in one day and with just one hearing. I pleaded the case myself. The then Chief Justice of the Guwahati High Court presided. In the Supreme Court, I have filed one case on Anti-Defection against the then Speaker of the Meghalaya Legislative Assembly who unjustly disqualified 5 independent MLAs including former Chief Minister, Don Kupar Roy and won it in one month and 6 days – a record at a time when the Supreme Court was very reluctant to touch Anti-Defection cases,” he said.


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