Shillong, Nov. 27: The youth wing of the United Democratic Party (UDP) today petitioned Meghalaya governor V. Shanmuganathan against former Meghalaya chief minister D.D. Lapang for allegedly holding an "office of profit".
The appeal before Shanmuganthan came after the Election Commission, in its reply to a petition filed by UDP (youth wing) general secretary Hamlet Dohling against Lapang, said the question relating to the disqualification of a sitting member of an Assembly had to be raised before the governor under Articles 191(1) and 192 of the Constitution.
Earlier, in the letter to Chief Election Commissioner Nasim Zaidi, Dohling alleged that Lapang, who is a member of the Assembly representing Nongpoh constituency, has been holding an office of profit, which has not been covered by the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972. "Lapang has been appointed chief adviser to the Meghalaya government with perks and facilities under the category, which is equal to the status of the chief minister, ever since the Meghalaya United Alliance (MUA) formed the government in Meghalaya in 2013," Dohling had said in the letter to Zaidi.
Dohling said the party felt that Lapang's case had attracted the provisions of Article 191 of the Constitution.
The commission, in its reply to Dohling, had also said the its jurisdiction to inquire into the question of disqualification of a sitting member of the Assembly arises only when the governor asks is for its opinion, under Article 192(2).
Today, while enclosing the commission's reply, Dohling requested Shanmuganathan to examine the matter.
According to Article 191, a person shall be disqualified for being chosen as, and for being, a member of the legislative Assembly or legislative council of a state if, among others, he holds any office of profit under the government of India or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder.
After the MUA government was formed in 2013, a notification from the state planning department in March 2013 declared that Lapang was appointed the chief adviser to the Meghalaya government with perks and facilities equivalent to that of a cabinet minister. However, in September 2013, another notification specified that Lapang's appointment, as chief adviser, would be under AA category.





