Shillong, Nov 9: The Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005 related to the appointment of MLAs to the post of Parliamentary Secretary has been declared “invalid” by the Meghalaya High Court.

The court in a judgment passed on Thursday has also left to the Meghalaya governor, Ganga Prasad to decide on whether to disqualify the legislators who held the post of parliamentary secretary.

“For what has been discussed hereinabove, the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005 is held invalid for want of legislative competence of the state legislature and is, therefore, struck down,” the judgment passed by the division bench of Chief Justice Dinesh Maheshwari, and Justice Ved Prakash Vaish here said, while also declaring the notifications on appointment of the Parliamentary Secretaries as void.

Earlier one Madal Sumer from Panaliar in West Jaiñtia Hills district has filed a Public Interest Litigation (PIL) questioning the validity of the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, and also alleged that the MLAs holding the office of parliamentary secretary, have incurred disqualification to be members of the Meghalaya Legislative Assembly.

“Without any other comment, we leave the question, regarding disqualification of respondents No.6 to 22 for the reason of their holding the office of parliamentary secretary, open for decision of the governor, if the same is referred by any person in accordance with law,” the court said.

The court also stated, “it is hardly a matter of any doubt that when a question arises as to whether a member of a House of the legislature of the State has become subject to any of disqualifications mentioned in Article 191(1), the question has to be referred for the decision of governor; and the decision of the governor in this regard, on the basis of the opinion of Election Commission, is final.”

Meghalaya chief minister, Mukul Sangma said that all the MLAs who held the post of parliamentary secretary have already resigned from the post.

The chief minister defended that the MLAs were earlier appointed to the post of parliamentary secretary based on the law enacted by the state legislature in accordance with the relevant Article of the Constitution.

The MLAs who had held the post of parliamentary secretaries include, Cherak W. Momin, Brigady Marak, Sengnam Marak, Rophul S. Marak, Samuel Sangma, Limison D. Sangma, Winnerson D. Sangma, Kennedy Cornelius Khyriem, Robinus Syngkon, Micheal T. Sangma, Justine Dkhar, Ashahel D. Shira, Stephanson Mukhim, Noverfield R. Marak, Marthon Sangma, besides Comingone Ymbon and Celestine Lyngdoh, who both the post before getting inducted as ministers.

Meanwhile, Madal Sumer, the petitioner in a statement issued here on Thursday said that in few days, he would filed a representation before the Meghalaya governor seeking disqualification of all the MLAs who were named in the PIL.

He also said that the state government should direct the MLAs holding office of profit to return all the salary, perks, which they have withdrawn from the government from the date of their appointment for serving in the “unconstitutional office” as they stand disqualified from that date onwards.

“The Governor will also be requested to dismiss the present government as it has been reduced to a minority government with the disqualification of the above mentioned MLAs. There is a severe breakdown of constitutional machineries in the Meghalaya as MLAs were allowed to hold office of profits by this present government for more than four years. The Governor will also be requested to immediately dismiss the present government and to direct not to release the MLA scheme to all those MLAs named in the PIL as they are no longer MLAs and stand disqualified for holding office of profit,” Sumer said.