SHILLONG: The Meghalaya Pradesh Congress Committee (MPCC) has launched a high-stakes legal offensive to safeguard the Constitution and the rights of voters, following the controversial defection of its MLAs to the National People’s Party (NPP) in August 2024.
Speaking on behalf of the party, MPCC General Secretary Manuel Badwar clarified that the Congress has moved the High Court of Meghalaya to challenge the actions of the legislators who “betrayed the trust of the electorate.”
The Congress maintains that the shift of these MLAs is a blatant violation of the Tenth Schedule (the Anti-Defection Law). Badwar emphasized that the legal battle aims to send a “clear and loud” message that the law remains superior to the personal whims of any elected representative.
Key points raised by the MPCC include:
Flawed “Merger” Logic: On August 12, 2024, only two out of the four Congress MLAs initially defected. This represents only 50% of the legislative party—failing to meet the two-thirds (2/3rd) requirement mandated by law for a valid merger.
The Third MLA Discrepancy: While a third MLA joined the group four days later, the Congress pointed out a major inconsistency: on August 16, that same MLA reportedly signed the Congress party’s meeting register.
Sequential Defection: Bah Badwar argued that the law does not permit “pooling” members who leave on different dates to retrospectively satisfy the numerical requirements for a merger.
The Congress also took aim at the Speaker’s previous dismissal of the disqualification petition. The petition was reportedly rejected on the grounds that the petitioner was not a sitting MLA. The MPCC labeled this a “weak and baseless” argument, citing Supreme Court precedents which affirm that any person invested in the democratic process has the right to file such an appeal.
The case has already seen five hearings in the High Court, and the party expressed satisfaction with the progress. However, the MPCC is prepared to escalate the matter further.
“We are ready to take this battle to the Supreme Court if necessary. With the assistance of top legal experts from Delhi, we will ensure that the sanctity of the voter’s choice is upheld,” said Badwar.
