Any petition filed, authority cannot adjudicate without issuing show cause to the other party: Pyngrope

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Meghalaya News 24 Exclusive

AITC Meghalaya Unit Presidents and former Meghalaya Assembly Speaker Charles Pyngrope said that the 12 legislators of Congress met all the criteria before their merger with All India Trinamool Congress (AITC), he, however, pointed out that every political party has the right to approach to the Speaker seeking disqualification of its defectors and in case of such petitions being filed, Speaker has to serve notice to the respondent legislators.

“Speaker has to (send notice) once there is a petition filed then the respondents have to reply as to why they should not be disqualified. That’s part of the process so it’s not the question of who is rejoicing or who is not rejoicing, it’s part of the process. So we have to respond, we will respond and he will see the response of us and then after consulting 10th schedule, he will reply,” the former speaker told Meghalaya News 24 while commenting on the rules and procedure.

 “.. the constitution of India and the legal way in which we can go forward allows anybody to file allows any grieved party in this case the congress to file a petition on the basis to disqualify us as per the anti defection act under the 10th schedule,” Pyngrope said.

While asserting that there is no reason that they should be disqualified, the AITC Meghalaya President said, “We have met all the criteria before we merge with AITC all the criteria required under the 10th schedule under the anti defection act we have fulfilled. “

He also pointed out if 12 legislators while defecting signed the same resolution, why not include them in the same petition.

“I think they should have filed jointly, when they did for 10 they should have done for the 12 because we are all signatories to the same resolution to merge, it’s not that there were two three resolutions,” he said.

 Giving past instances, he said, “in the case of Paul Lyngdoh also when he joined the UDP from KHNAM and I was the speaker, so I gave my ruling and that was done as per the constitution. I gave it that he fulfils all the rules laid down by the 10th schedule. Similarly when Bah Hek joined congress from the BJP, same thing in the state, its not that BJP at the centre said why did he joined yes, BJP objected, gave us a petition but after examining the petition we found there was no basis in the petition, he didn’t break any rules.”

He further pointed out a similar case in Rajasthan when six BSP members merged with Congress.

“In Rajasthan also six BSP MLAs merged with the Congress, because they constituted more than 2/3 of the strength of the house in the Rajasthan Assembly, so the question of disqualification did not arise. So here the same case applies,” the former speaker added.