#Shillong, Sept. 24: An amendment bill which bars a member of the Meghalaya Assembly from holding an elected post in the autonomous district councils was passed in Assembly today through a voice vote despite objection from the Opposition.

While opposing the amendment bill with a demand to refer it to a select committee for further deliberations, Opposition MLAs accused the Mukul Sangma-led government of having mala fide intention and a hidden agenda.

The Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Amendment Bill, 2015, amends an existing act of 1972.

The amendment bill, once it becomes an act, will come into force from October 1, 2015.

Before passing the amendment bill, members from the Opposition discussed an amendment motion to the bill moved by Hill State People's Democratic Party (HSPDP) legislator K.P. Pangniang and United Democratic Party (UDP) MLA, H. Brolding Nongsiej.

Both Pangniang and Nongsiej are members of the Khasi Hills Autonomous District Council (KHADC).

Bringing the amendment motion, Pangniang urged the government to consider that March 1, 2019, should be an effective period and not from October 1. He said the members holding the posts as MLA and MDC were elected by a popular mandate and the Assembly should not do anything which will curtail their term.

"I do not want this day become a judgment day or doomsday for me and other members if this amendment bill is passed in its present form," Pangniang said.

Nongsiej appealed to the government to respect the mandate of the people and allow the members who hold two posts to complete their current term by implementing the act from March 1, 2019.

Questioning the timing and urgency of the government for bringing the bill, Nongsiej said during the filing of nominations, the returning officer had accepted the candidature and declared as elected member.

"If the government can extend the term of the members of Garo Hills Autonomous District Council (GHADC) for nearly two years, why not allow us to complete this present term as members of the district councils?" Nongsiej asked. Supporting the motion HSPDP MLA, Witting Mawsor, termed the bill as "ambush bill" if the government went ahead with its decision, adding the time was not appropriate for passing the bill. It should be sent to a select committee first, Mawsor said.

Leader of the Opposition Donkupar Roy said if the timing of bringing the bill is right, everyone would agree. He pointed out that the bill if it is related to office of profit, a number of legislators were also holding different posts which were not mentioned in the amendment bill.

"I am afraid that there is talk that the main target is the chief executive member of the KHADC. We should not modify the bill to ambush our friends. I agree if this bill comes before the next district council elections and make a comprehensive legislation. But for now, send it to a select committee and discuss what posts the MLAs can hold," Roy said. Stating that the court did not direct the legislature on this, Roy also said the Assembly should not bring any legislation especially when the case against the members is pending in court, since the matter which is pending in court was not discussed in Assembly as it is sub-judice.

UDP legislator Paul Lyngdoh also slammed the government and alleged that the amendment bill was done as a panic reaction with lots of mistakes in the statement of object and reasons for the amendment bill. He lambasted the law department of the Meghalaya government and advocate-general who was pulled up by Meghalaya High Court.

HSPDP legislator Ardent M. Basaiawmoit also questioned the legality of the amendment bill, especially when the state relied on the advice of an "incompetent" advocate general and did not doubt that the amendment bill might be challenged in a court of law. "Leave this upon the wisdom of the members since the matter is in court," Basaiawmoit said.

Opposition MLA John Leslee K. Sangma also asked the government to give the members of the Assembly an opportunity for an honourable exit as members of district councils.

However, chief minister Mukul Sangma, deputy chief minister in-charge of law, Rowell Lyngdoh and chief adviser to the government, D.D. Lapang, who spoke in favour, said the amendment bill should be passed.

"We should not be caught unaware of something known or unknown," Sangma said, while making it clear that the legislation cannot come with prospective effect after two or three years, but with immediate effect.

"There is no question of ambush or mala fide intention. The legislation is required and its purpose is to set things right in sync with the spirit of the Constitution so that we will not be caught unaware and confronted by any situation," Sangma said.

When Pangniang refused to withdraw the amendment motion, Speaker Abu Taher Mondal put it into vote and it got defeated. Thereafter, the Speaker called for passing of the amendment bill, in which legislators from the treasury benches raised a resounding "ayes" in favour of the bill.

With the case against the MLAs who are also members of the district councils still pending in Meghalaya High Court, it was not known if all the members affected by this amendment bill, will resign by October 1.

Nongkrem legislator Ardent M. Basaiawmoit today tendered his resignation as a member of the KHADC.