Mukul and 11 MLAs liable for disqualification, says former chief minister Bindo Lanong

The present case of Dr Mukul Sangma and the others neither comes under Para-4 of the 10th Schedule nor under any other permissible provision. Hence, they are liable for disqualification,” he said. 

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SHILLONG:

United Democratic Party (UDP) chief adviser and former deputy chief minister Bindo M Lanong, on November 29, said that the disqualification of Dr Mukul Sangma’s group of 12 MLAs, which openly switched over to All India Trinamool Congress (AITC) from the Indian National Congress (INC), is lawfully warranted under Paragraph 2 of the Tenth Schedule of the Constitution of India.

In a statement, Lanong said that going strictly by the provisions of the law, without any attempt to directly or indirectly influence the Assembly Speaker, the preamble clearly states, “Provisions as to disqualification on ground of defection,” offering no ambiguity for any interpretation.

Recalling the original Paragraph 3 of the law of Tenth Schedule that was inserted to allow split by the majority of not less than one third of the members of the party, he said that the paragraph was later abrogated by the 91st Amendment 2003, sealing all doors for defection, with effect from January 1, 2004.

According to him, the only lawful provisions is Paragraph 4 of the Schedule, which has no bar for merger of political parties. He cited the KHNAM President, Paul Lyngdoh’s example and how he resorted to it during his term (2008-2013) and merged KHNAM with the UDP.

Lanong also mentioned Ampareen Lyngdoh and how she, after deserting the UDP in 2009, resigned as MLA and fought the bye-election on a Congress ticket and got re-elected.

“The present case of Dr Mukul Sangma and the others neither comes under Para-4 of the 10th Schedule nor under any other permissible provision. Hence, they are liable for disqualification,” he asserted. 

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