DECISION OF SHRI MARTIN M. DANGGO, -
MEGHALAYA LEGISLATIVE ASSEMBLY.
DATED 17th DECEMBER, 2003.
IN THE MATTER OF SPLIT OF THE ORIGINAL POLITICAL PARTY OF NATIONALIST CONGRESS PARTY (NCP) AND ITS LEGISLATURE PARTY AND THE RECOGNITION OF THE NEWLY FORMED POLITICAL PARTY KNOWN AS THE MEGHALAYA NATIONALIST PARTY OR IN SHORT, MNCP, AND ITS LEGISLATURE PARTY WITH SHRI C.R. SANGMA, MLA AS ITS LEADER UNDER THE TENTH SCHEDULED TO THE CONSTITUTION OF INDIA.
MEGHALAYA LEGISLATURE ASSEMBLY SECRETARIAT
MEGHALAYA LEGISLATIVE ASSEMBLY
On the 15th December, 2003, at 9 a.m., I received a petition Dated Shillong, the 11th December, 2003, which is addressed to me and signed by 6 (six) MLAs, namely, (1) Shri Cyprian R. Sangma (2) Shri Elstone D. Marak (3) Shri Brening A. Sangma (4) Shri Samuel M. Sangma (5) Shri Becstar Sangma and (6) Shri Nidhuram Hajong, informing me about the split in the original political party of the Nationalist Congress Party (NCP) in Meghalaya, both at the party in the Meghalaya Legislative they have decided to form a new separate Legislature party in the Meghalaya Legislative Assembly under the name and style of Meghalaya Nationalist Congress legislature Party (MNCLP).
The 6(six) MLAs who have constituted the new Legislature party have also requested me in the petition to recognized this newly formed Legislature party under the leadership of Shri Cyprian A. Sangma, and allot them a separate seat in the Meghalaya Legislative Assembly.
Before i proceed to consider the petition on merit, I have to consider first as to whether i can at all entertain the petition or the law empowers me to do so. A perusal of the Tenth Scheduled to the Constitution of India makes me hold that I can entertain the petition.
Paragraph 3 of the Tenth Scheduled to the Constitution of India deals with the question of split in a political party. It envisages "Disqualification on ground of defection not to apply in case of split - Where a member of a House makes a claim that he and any other members of his Legislature party constitute the group representing a faction which has arisen as a result of the split in his original political party and such group consists of not less than one-third of the members of such Legislature party.
I have minutely gone through the petition, and also perused the attached original documents marked as Annexure 'A' and 'B', which are Declaration by the MLAs and Resolution passed by the office-bearers and members of the party. it is evident