Shillong, Feb 09: The sitting MLA’s should know well that they cannot contest the MDC elections, as, a Legislator has sworn allegiance to his duty according to the form of oath in the Third Schedule of the Constitution and a Legislator cannot perform his duty faithfully if he is also serving as an MDC. He will be cheating the people of his constituency and according to article 190 of the Constitution of India ‘No person shall be a member of both houses, directly indicating that no person can serve another post in addition to his sworn duty. If he wants to stand for the MDC elections he has to forego his MLA seat.
The Form of oath or affirmation to be made by Member of the Legislature of the State before the Governor, which is in the Third Schedule of the Constitution of India Part VII reads as;
“I —–, having been elected (or nominated) a member of the legislative Assembly do swear in the name of God/ Solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge of the duty upon which I am about to enter.”
The CSWO wonders how a person can be faithful to his duty, when half of the time he will also be serving in another post. Moreover a responsible legislator would know better not to take this step as the legislator in the Meghalaya Legislative Assembly and the Member of the District Council are both paid with public funds and he or she cannot be taking both remunerations and doing half service to both jobs.
The CSWO in the press statement said that, the Governor of the state should also step in to make clear to the general public as to the Constitutional provisions by which a Legislator is given sanction to hold two posts of profit.
The CSWO would urge the electorate not to vote for such people in the MDC elections as this would bring more injustice and disadvantage to the People for whom these people are meant to serve. This is clear greediness and corruption on the part of these legislators. These legislators if they feel they want to serve the people better, they should appoint someone else as MDC’s and work hand in hand, as we cannot say we lack good people who want to serve in the best interest of the People.
There have been complaints to the District Council heads with regards to grabbing of Tribal lands by State Government, which the District Councils have powers to protect under the Sixth Schedule of the Constitution of India, yet they ignore such complaints. There was also rampant environment and forest degradation, and no intervention from these representatives except for one or two. Boundary issues between the two States of Meghalaya and Assam still remain pending in spite of many MDC’s from the same party as the State Government in Assam, and this has resulted in many human right violations and power muscle by Assam Police.
There have also been many news reports of the land grab at New Shillong, by the Urban Department which has crossed its limits to scheduled areas, and for which the Urban do not even have a detailed Project report, but the District Council failed to curb the Government from grabbing Tribal Lands and have allowed the Government to even ignore the Posts of the Traditional Heads, where the East Khasi Hills Collector has failed to recognize a traditional Head. They have failed to serve the farmers of the State who live mainly on agriculture, and taking away agriculture land by State Government should have been stopped by the District Council.
District Councils should be party less as is the municipal bodies; because if they are affiliated to Political parties they will be controlled by the Party and business men who fund these parties indirectly, who will do all they can to plunder our resources and our lands leaving our generation to be landless in the future.
The CSWO appeals to all voters for the MDC Elections, to not be persuaded by drinks and money, and to not vote out of fear, but vote for someone who can bring about good governance, protect the indigenous people of the State, protect the traditional custom of land usage of the Tribal people of the State of Meghalaya, so that many business exploiters cannot come and take advantage in the guise of development.
There is no need to mention about the poor development in the State where Government and the District Councils has completely failed due to rampant corruption in every department. The prominent Development we can see is the palace, mansions of these representatives and a few of their Contractors. (SP News)
