SANBOR SHULLAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. N. Dutta, learned senior counsel assisted by Mr. S. P. Mahanta and Mr. D. Saikia on behalf of the petitioner. Also heard Mr. G.S. Massar, learned Advocate General, Meghalaya and Mr. N.D. Chullai, learned Senior Government Advocate appearing on behalf of the respondent No. 1 and Mr. A.C. Borbora, learned senior counsel assisted by Mr. U. Raj Saikia, learned counsel appearing for the respondent No. 3.

(2.) Office note dated 20.3.2009 indicates that notices have been issued to the respondent Nos. 2 and 4 but none appears on behalf of the respondent Nos. 2 and 4. Misc. Case No. 89 of 2009 had been filed praying for staying the impugned complaint dated 14.3.2009, the show cause notice dated 15.3.2009 and the impugned order dated 16.3.2009 and the matter was heard at length on last Monday i.e. 23.3.2009 and argument of the learned counsel for the petitioner had already been concluded. The argument of the learned counsel appearing for the respondent No. 3, was also almost concluded but on the request of the learned counsel for the respondent No. 3, this Misc. Case is being heard again today.

(3.) It is not in dispute that the last General Assembly Election held in the month of March, 2008, gave a fractured mandate and membership position of the parties and the independent members elected in a house of 60 members are as follows :- <FRM>JUDGEMENT_642_GAULT3_2009Html1.htm</FRM> A Coalition Government under the name and style Meghalaya Progressive Alliance (MPA) was formed by the parties shown from Serial Nos. 2 to 6 with the help of 3 (three) independent members and the respondent No. 2 who was elected as a candidate set up by UDP came to be elected as the Speaker of the Meghalaya Legislative Assembly and subsequently, the petitioner herein who was elected as a NCP candidate also came to be elected as Deputy Speaker of the Meghalaya Legislative Assembly.