Meghalaya Govt: SC admits Sangma plea

Making an urgent mention of the petition, Sorabjee claimed that though the NCP-led Meghalaya Progressive Alliance (MPA) had the support of 31 MLAs in the 60-member House, the Governor had invited the party with a lesser number of legislators to form the Government.

After perusing the brief submissions, the bench agreed to grant the matter an urgent hearing.

Besides the Governor, the petition names Union Cabinet Secretary K Chandrashekhar, the Chief Secretary, State of Meghalaya and newly sworn-in Chief Minister D D Lapang as respondents in the case.

The Congress, with 25 MLAs, emerged as the single largest party after the recent elections and was invited by Governor Sidhu to form the government. However, the MPA paraded 30 MLAs twice before the Governor and also staked its claim.

On Monday, after the swearing-in of the 59 newlyelected MLAs in Shillong, Sangma had resigned from the Lok Sabha, saying he was aggrieved by the decision taken by the Governor in order “to please his political mentors.”

“The power conferred upon the Governor is not to select a leader of the political party on the basis of the size of the party,” claimed Sangma in his petition, asking the court to declare the exercise of the Governor as unreasonable, illegal and arbitrary. The petition filed through advocate Sridhar Potarajle, also questioned the grant of 10 days to Lapang to prove his majority.

Sangma says this is an attempt “to embolden the Indian National Congress to indulge in horse-trading and other unconstitutional activities”.

Attempting to remind the Governor of his constitutional duties, the petition said the decision to invite the Congress was in clear breach of the provisions of the Constitution and the convention of calling a group having legislators in a majority to form the government.

The Governor “failed to act impartially and truthfully”, says the petition, as he cannot invite a minority party even though it is the largest party and “not in majority”.

However, Governor Sidhu has defended his decision saying it was aimed at preventing horse-trading.

He has also pointed out that the MPA was not a pre-poll alliance, “and under such a situation, the single largest party should be called to form the government according to convention”.