Shillong,November 09: It is a major blow to the Congress-led Government, the Meghalaya High Court today declared appointment of Parliamentary Secretaries as “invalid,” The Meghalaya High court pronounce this judgment by citing a previous Supreme Court judgment which ruled that a State Legislature is incompetent to frame such laws.
Taking the verdict of the Supreme Court in the Bimolangshu Roy versus the Assam Government case, the Meghalaya High Court ruled that the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, be “struck down.”
The Court also citing the decision in Bimolangshu Roy’s case, 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 order stated.
The parliamentary secretaries who were affected by the verdict of the Court’s order’s are altogether seventeen who were appointed. However, on the question of disqualifying the Parliamentary Secretaries from the Assembly, the Court left the decision on the Governor of the state.
The decision was taken by a Division bench comprising the Chief Justice Dinesh Maheswari and Justice Ved Prakash Vaish. The Court made the decision after hearing a Public Interest Litigation filed by an individual, Madal Sumer.
The judgment was made on the premise that if State Legislatures starts enacting such laws it would nullify the Constitutional provision of Article 164 (1A) which stipulate the Cabinet size.
At the same time Chief Minister Dr Mukul Sangma said that all the Parliamentary secretaries have resigned from their posts. The Parliamentary Secretaries have all collectively decided to resign and he have accepted their resignation.
