AGNES KHARSHIING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner, said to be a social activist, has filed this petition as a Public Interest Litigation [PIL] while seeking to raise the issue of alleged dual holding of offices by the respondents No.6 to 13 who were earlier elected as Members of the Meghalaya Legislative Assembly on 01.03.2013 but then, were also elected as Members of respective District Councils on 04.03.2014 inasmuch as the respondent No.6 was elected as member of Jaintia Hills Autonomous District Council and respondents No.7 to 13 were elected as Members of Khasi Hills Autonomous District Council. The petitioner has alleged that such dual holding of offices was entirely impermissible; was in violation of Rule 17 (1) (a) of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951; and was directly affecting the public exchequer also.

(2.) This PIL petition, filed on 30.10.2014, was initially considered on 03.11.2014 when notices were ordered to be issued to the respective parties. At the time of filing of this petition, the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972 [hereinafter referred to as -the Act of 1972-] was in operation that provided for removal of disqualification in certain cases as specified in the Schedule thereto; and entry No.9 of the Schedule specifically removed any disqualification, if the Member of the Legislative Assembly was holding the office of the Chairman, Chief Executive Member, or other Executive Member or ordinary member of a District Council or was nominated to a District Council.

(3.) However, during the pendency of this petition, a drastic change was brought about in the said Act of 1972 by way of Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) (Amendment) Act, 2015 [Act No.12 of 2015 - hereinafter also referred to as the -Amendment Act of 2015-], whereby the aforesaid entry No.9 of the Schedule to the Act of 1972 was omitted. The said Amendment Act of 2015 came into force w.e.f. 01.10.2015 but was published in the Gazette of Meghalaya on 08.10.2015. It has been brought to the notice of the Court that just before coming into force of the said Amendment Act of 2015, the respondents No.6 to 9 and the respondents No.11 to 13 chose to resign as Members of the respective District Councils.