Shillong, Oct 16: One Ioannis Thamar from West Jaintia Hills District has submitted a petition to the Governor Ganga Prasad seeking disqualification of MLAs who continue to hold the post of parliamentary secretary even though the Supreme Court in its ruling passed recently has declared the post as “‘unconstitutional.”

“I humbly request you to invoke the provision of Article 192 of the Constitution of India and hold that the MLAs (17) have acquired disqualification in terms of Article 191 (1) (a) of the Constitution of India and they no longer continue as the members of the Meghalaya Legislative Assembly,” Thamar said in the petition.

He alleged that despite of the Supreme Court’s ruling, it is however an utter dismay that the 17 MLAs those who are holding the post of Parliamentary Secretaries in different departments, have till date not tendered their resignation from the post and continuing to hold the same.

Referring to the judgment passed on July 26, 2017, Thamar said the Supreme Court has categorically held that the post of Parliament Secretary is unconstitutional and creation of the same by way of legislation is beyond the legislative competence of a state.

On the basis of the findings recorded in the Judgment, the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 legislated by the State of Assam facilitating the creation of the post of Parliamentary Secretary and appointment therein has been declared unconstitutional by the Supreme Court.

The incumbents in the posts of Parliamentary Secretaries in the State of Meghalaya, are therefore, holding the Office of Profit as per the stipulation made in Article 191 of the Constitution of India.

According to him, as a consequence, all the MLAs have acquired disqualification by the operation of law. Hence, they may be declared as disqualified from the date they have assumed the Office of Parliamentary Secretary.

“The State government may be advised to recover the money and other undue benefits which they have withdrawn and utilized during the period when they were no longer Members of Legislative Assembly,” Thamar stated.

He further alleged the state machineries seem absolutely indifferent to the situation and the political executives are also unusually silent and warned that the situation leads us to a stage wherein it is projected that as if the provisions contained in the Constitution of India are not applicable in the State of Meghalaya.

Earlier, the Congress-led government in the state has appointed MLAs to the post of parliamentary secretary which include – Coming One Ymbon, Samuel M Sangma, Limison D Sangma, Winnerson D Sangma, Kennedy Cornelius Khyriem, Cherak W Momin, Brigady Marak, Sengnam Marak, Rophul S Marak, Robinus Syngkon, Micheal T Sangma, Justine Dhkar, Ashahel D Shira, Stephanson Mukhim, Celestine Lyngdoh, Noverfield R Marak, Marthon Sangma, and Lamboklang Mylliem.