SHILLONG: The MPA Government won the vote of confidence by a whisker in the Assembly on Tuesday amid Congress-led MUA's demand for dismissal of the "minority government" and protests against alleged violation of the Constitution by the Speaker. The voting which was done through division ended in a tie as both MPA and MUA secured 27 votes each. The tie was broken by Speaker Bindo M Lanong. He gave his casting vote in favour of the ruling alliance amid claims by Congress legislators that MUA had the support of 31 legislators in the 60-member House.
Deputy Speaker Sanbor Shullai, former Urban Affairs Minister Paul Lyngdoh and Independent legislators Ismail Marak and Limison Sangma who, along with former Health Minister Dr Adviser Pariong, were suspended by the Speaker on Monday night, tried to take part in the trust motion but their votes were declared invalid.
Dr Pariong, however, did not attend the Assembly session. Sources said he was away in New Delhi.
Soon after Mr Lanong announced the result of the trust vote, Congress legislator Mukul Sangma raised an objection, saying "the Speaker has created a constitutional crisis and violated Article 175."
"This minority government cannot run the State," Mr Sangma said as Leader of the Opposition DD Lapang led the MUA legislators and suspended members in staging a walkout from the House.
Earlier, the House witnessed an uproarious scene when the Opposition's bench slammed the Speaker for his decision to suspend the voting rights of five legislators. They also questioned the inclusion of the debate on Governor's address in the agenda of the House session.
There was heated exchange of words between members of the ruling alliance and the Opposition over suspension of the voting rights of the five legislators. The Speaker had to adjourn the House for 30 minutes to facilitate circulation of the Governor's message and legal views on it submitted by Advocate General Ganold S Massar.
"Under what provisions of the Tenth Schedule have you suspended the five legislators?" former Speaker Martin M Danggo asked. He said the Speaker was "predetermined" to suspend the MLAs without giving them sufficient time to file their replies.
Mr Lapang sought to remind the Speaker of the Supreme Court verdict overturning the then Speaker PR Kyndiah's ruling whereby he had suspended the voting rights of five legislators in 1992.
Mr Lanong, in his reply, argued that the authority of the Speaker could not be usurped by any other authority. He also said the nature and circumstances of the case related to Mr Kyndiah's ruling were "totally different from the present case."
"The right of natural justice has been given to the five legislators. Prima facie there is a case incurring attraction of provisions of the Tenth Schedule. This is just an interim order and further adequate time will be given to them (suspended legislators) to file their replies," the Speaker said.
Earlier, Mr Lanong read out the letter he had received from the Advocate General who interpreted that as per Article 175 (2) of the Constitution, the Governor "is not empowered to issue message to the Speaker with directives but can do so only on pending Bills or otherwise."
"The powers of the Speaker as enshrined in the Tenth Schedule cannot be fettered by the message of the Governor," Mr Lanong said, adding, "As per Rule 20 of Rules of Procedure and Conduct of Business, the Governor cannot issue message on how to conduct the House proceedings."
Cong moves Governor against Speaker’s action
Lanong ignores Mooshahary’s directives
SHILLONG: Congress has demanded Governor Ranjit Shekhar Mooshahary's intervention in alleged violation of the Constitution by Assembly Speaker Bindo M Lanong in conduct of Tuesday's floor test which the MPA Government scrapped through with the casting vote of the Speaker.
In a representation submitted to the Governor on Tuesday, Congress stated that the Speaker violated the Constitution by disregarding the Governor's message and conducting the trial of strength of the Dr Donkupar Roy Government in the Assembly even after admitting the no-confidence motion moved against him by 12 Congress legislators. The party reiterated that suspension of the voting rights of five MLAs by the Speaker was unconstitutional and therefore the "minority" MPA Government should be dismissed.
"Mr Lanong failed to abide by the message of the Governor on maintenance of status quo of the rights to speech and vote for all legislators until the vote of confidence was disposed of and non-inclusion of any other items except the vote of confidence in the day's House proceedings. This is clearly total disrespect to the Constitutional head of the State," a Congress legislator said.
The Congress representation to the Governor said as per rules, the Speaker should have given a minimum of seven days to the legislators to reply to the show-cause notices issued to them but they were given three days' or one day's time which was against the spirit of the Constitution.
Meanwhile, AICC general secretary incharge of North-East Luizinho Faleiro said Congress had already urged Governor Mr Mooshahary to dismiss the "minority" MPA Government. He accused the MPA Government of being "greedy for power" and misinterpreting the Tenth Schedule for winning the vote of confidence.
"The ball is in the Governor's court. We have the numbers and should be given a chance to form the government in Meghalaya," Mr Faleiro said.
While condemning the decision of the Speaker to suspend the voting rights of five legislators, Mr Faleiro pulled up the Speaker for not officially issuing his suspension order.
According to Mr Faleiro, the two independent legislators - Ismail Marak and Limison Sangma -- do not fall under the purview of the Anti-Defection Law as they do not belong to any political party. The same goes for KHNAM president Paul Lyngdoh who is the lone legislator of the party. NCP legislator Sanbor Shullai cannot be disqualified because he is the Deputy Speaker of the House.
Events that led to trust vote
March 19, ’08: Donkupar Roy sworn in as Chief Minister.
March 25, ’08: NCP wins Baghmara, increases tally to 15.
June 6, ’08: Ismail R Marak joins MPA.
February 23, 2009: Limison Sangma joins MPA.
March 2: Congress wins Umroi by-polls.
March 9: Ismail R Marak & Limison Sangma, switch allegiance to Congress.
March 11: Paul Lyngdoh quits as Minister.
March 12: Health Minister Adviser Pariong resigns and goes ‘missing’. Speaker issues show-cause notices to the two Independent MLAs under Anti-Defection law. Chief Minister announces he will move confidence vote on March 17.
March 13: Deputy Speaker and NCP MLA Sanbor Shullai goes 'missing'.
March 17: MPA wins trust vote.
Source: The Shillong Times
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Deputy Speaker Sanbor Shullai, former Urban Affairs Minister Paul Lyngdoh and Independent legislators Ismail Marak and Limison Sangma who, along with former Health Minister Dr Adviser Pariong, were suspended by the Speaker on Monday night, tried to take part in the trust motion but their votes were declared invalid.
Dr Pariong, however, did not attend the Assembly session. Sources said he was away in New Delhi.
Soon after Mr Lanong announced the result of the trust vote, Congress legislator Mukul Sangma raised an objection, saying "the Speaker has created a constitutional crisis and violated Article 175."
"This minority government cannot run the State," Mr Sangma said as Leader of the Opposition DD Lapang led the MUA legislators and suspended members in staging a walkout from the House.
Earlier, the House witnessed an uproarious scene when the Opposition's bench slammed the Speaker for his decision to suspend the voting rights of five legislators. They also questioned the inclusion of the debate on Governor's address in the agenda of the House session.
There was heated exchange of words between members of the ruling alliance and the Opposition over suspension of the voting rights of the five legislators. The Speaker had to adjourn the House for 30 minutes to facilitate circulation of the Governor's message and legal views on it submitted by Advocate General Ganold S Massar.
"Under what provisions of the Tenth Schedule have you suspended the five legislators?" former Speaker Martin M Danggo asked. He said the Speaker was "predetermined" to suspend the MLAs without giving them sufficient time to file their replies.
Mr Lapang sought to remind the Speaker of the Supreme Court verdict overturning the then Speaker PR Kyndiah's ruling whereby he had suspended the voting rights of five legislators in 1992.
Mr Lanong, in his reply, argued that the authority of the Speaker could not be usurped by any other authority. He also said the nature and circumstances of the case related to Mr Kyndiah's ruling were "totally different from the present case."
"The right of natural justice has been given to the five legislators. Prima facie there is a case incurring attraction of provisions of the Tenth Schedule. This is just an interim order and further adequate time will be given to them (suspended legislators) to file their replies," the Speaker said.
Earlier, Mr Lanong read out the letter he had received from the Advocate General who interpreted that as per Article 175 (2) of the Constitution, the Governor "is not empowered to issue message to the Speaker with directives but can do so only on pending Bills or otherwise."
"The powers of the Speaker as enshrined in the Tenth Schedule cannot be fettered by the message of the Governor," Mr Lanong said, adding, "As per Rule 20 of Rules of Procedure and Conduct of Business, the Governor cannot issue message on how to conduct the House proceedings."
Cong moves Governor against Speaker’s action
Lanong ignores Mooshahary’s directives
SHILLONG: Congress has demanded Governor Ranjit Shekhar Mooshahary's intervention in alleged violation of the Constitution by Assembly Speaker Bindo M Lanong in conduct of Tuesday's floor test which the MPA Government scrapped through with the casting vote of the Speaker.
In a representation submitted to the Governor on Tuesday, Congress stated that the Speaker violated the Constitution by disregarding the Governor's message and conducting the trial of strength of the Dr Donkupar Roy Government in the Assembly even after admitting the no-confidence motion moved against him by 12 Congress legislators. The party reiterated that suspension of the voting rights of five MLAs by the Speaker was unconstitutional and therefore the "minority" MPA Government should be dismissed.
"Mr Lanong failed to abide by the message of the Governor on maintenance of status quo of the rights to speech and vote for all legislators until the vote of confidence was disposed of and non-inclusion of any other items except the vote of confidence in the day's House proceedings. This is clearly total disrespect to the Constitutional head of the State," a Congress legislator said.
The Congress representation to the Governor said as per rules, the Speaker should have given a minimum of seven days to the legislators to reply to the show-cause notices issued to them but they were given three days' or one day's time which was against the spirit of the Constitution.
Meanwhile, AICC general secretary incharge of North-East Luizinho Faleiro said Congress had already urged Governor Mr Mooshahary to dismiss the "minority" MPA Government. He accused the MPA Government of being "greedy for power" and misinterpreting the Tenth Schedule for winning the vote of confidence.
"The ball is in the Governor's court. We have the numbers and should be given a chance to form the government in Meghalaya," Mr Faleiro said.
While condemning the decision of the Speaker to suspend the voting rights of five legislators, Mr Faleiro pulled up the Speaker for not officially issuing his suspension order.
According to Mr Faleiro, the two independent legislators - Ismail Marak and Limison Sangma -- do not fall under the purview of the Anti-Defection Law as they do not belong to any political party. The same goes for KHNAM president Paul Lyngdoh who is the lone legislator of the party. NCP legislator Sanbor Shullai cannot be disqualified because he is the Deputy Speaker of the House.
Events that led to trust vote
March 19, ’08: Donkupar Roy sworn in as Chief Minister.
March 25, ’08: NCP wins Baghmara, increases tally to 15.
June 6, ’08: Ismail R Marak joins MPA.
February 23, 2009: Limison Sangma joins MPA.
March 2: Congress wins Umroi by-polls.
March 9: Ismail R Marak & Limison Sangma, switch allegiance to Congress.
March 11: Paul Lyngdoh quits as Minister.
March 12: Health Minister Adviser Pariong resigns and goes ‘missing’. Speaker issues show-cause notices to the two Independent MLAs under Anti-Defection law. Chief Minister announces he will move confidence vote on March 17.
March 13: Deputy Speaker and NCP MLA Sanbor Shullai goes 'missing'.
March 17: MPA wins trust vote.
Source: The Shillong Times
.::. All my articles can be view here: MELTED HEARTS .::.
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