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Supreme Court hearing today on plea against Meghalaya Governor’s decision

Legal Correspondent

“Mala fide, unconstitutional, misuse of discretionary powers”

New Delhi: The Supreme Court will hear on Wednesday a writ petition challenging the decision of Meghalaya Governor S.S. Sidhu to invite the Congress to form a government though allegedly it did not enjoy majority support in the Assembly.

Earlier, senior counsel Soli Sorabjee made an urgent mention before a Bench, consisting of Chief Justice K.G. Balakrishnan and Justice J.M. Panchal, about the filing of the petition by Conrad K. Sangma, son of P.A. Sangma, leader of the Nationalist Congress Party.

Mr.Conrad Sangma, who was elected on NCP ticket, said MLAs belonging to his party, the Bharatiya Janata Party, the United Democratic Party, the Hill State People’s Democratic Party, the Khun Hynniewtrip National Awakening Movement and two independents formed a post-poll alliance with 31 members and elected Donkupar Roy its leader.

(Of the 60 seats, results were announced for 59. Election in the other constituency has been rescheduled for March 22 following the death of a Congress candidate.)

Mr. Roy met Mr. Sidhu with the MLAs of the Meghalaya Progressive Alliance (MPA). It was submitted that though the Congress with 25 MLAs was the single largest party, it did not have majority support and hence it could not form a stable government.

The petition said the Governor, even after having been convinced of the MPA’s strength, ignored its claim and invited the Congress to form the government. His decision was a clear breach and violation of the provisions of the Constitution and of the convention of calling a group/alliance having a majority of legislators to form the government.

The petitioner said the Governor swearing in D.D. Lapang Chief Minister was an open and flagrant misuse of his discretionary powers. “The decision smacks of mala fide in as much as such it is based on an extraneous consideration and oblique motive of subserving the interest of the party in power at the Centre, i.e. the Congress.”

The Governor had evidently acted in a manner to please his political mentors, thereby abdicating his constitutional duty.

Hence the petition for a direction to declare arbitrary and unconstitutional his decision to invite the Congress to form the government and give Mr. Lapang 10 days to prove his majority, the petition said.

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