Shillong, April 7: The Hill State People's Democratic Party (HSPDP) today requested Meghalaya Governor V. Shanmuganathan to prevent the state government from resorting to any step that would contravene the constitutional provisions in relation to the appointment of parliamentary secretaries.

A delegation of HSPDP leaders, led by its president and legislator Ardent Miller Basaiawmoit, submitted the petition in relation to The Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, to Shanmuganathan's office at Raj Bhavan here.

In the petition, the HSPDP cited a ruling by the Himachal Pradesh High Court that they "have no manner of doubt that...are usurpers of public office since their appointments did not owe their origin to any constitutional or legal provision, they having been appointed by person not vested with the power of appointment. Consequently, appointments...are quashed and set aside with all the consequences."

Moreover, the HSPDP cited a judgment of Calcutta High Court of June 2015, which was in connection to the West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowance and Miscellaneous Provision) Act, 2012.

The court had stated, "The statute in question is nothing but an enactment to overcome the limitation or restriction imposed under Articles 164 (1A) of the Constitution. Hence, it is repugnant to the Constitution and deserves to be struck down. Accordingly, the writ petitions are allowed. The enactment of West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowance and Miscellaneous Provision) Act of 2012 is struck down. Consequently, the appointments of the party/respondents as parliamentary secretaries are set aside."?

"Therefore, the above judgments have made The Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, ultra vires," Basaiawmoit stated in the petition to the Governor.

However, he said there were media reports that the Congress-led government in the state was "contemplating" amendments to the act.

"The HSPDP is of the strong view that there is no room for the government of the day to resort to any such move. We would earnestly request you to intervene into the matter and prevent the state government from any act that would result in direct contravention to the provisions of the Constitution," Basaiawmoit added.

A controversy has also erupted in Meghalaya over the appointment of around 18 parliamentary secretaries by the Congress government.

Although the appointments were made since 2013, it was only recently that reports had surfaced that such appointments could have violated the Constitution (Ninety-first Amendment) Act, 2003.

The amendment had stipulated that the strength of council of ministers across states should not be more than 15 per cent of the total number of members of the respective state Assembly.

Through this amendment, Meghalaya could have only 12 ministers, including the chief minister.

According to the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous provisions) Act, 2005, it has been stated that the rank and status of a parliamentary secretary would be that of a minister of state.

But as per the Rules of Procedure and Conduct of Business in the Meghalaya Assembly, "minister means a member of the council of ministers, a minister of state, a deputy minister or a parliamentary secretary."

Jirang legislator Lamboklang Mylliem had resigned from his post last month following reports that the appointment of parliamentary secretaries had violated norms.