Anti-defection law outside sixth scheduled purview

Shillong, Jul 31 (UNI) Khasi Hills Autonomous District Council (KHADC) Chairman Martamlin Pyrbot today admitted that the anti-defection law was outside the purview of the Sixth Scheduled in Meghalaya after the Shillong bench of Gauhati High Court reinstated H S Shylla as member of the Council.

Mr Shylla, a former Chief Executive Member of KHADC, was disqualified as member of the 30-member House Council after the Congress party suspended him for contesting the Assembly elections against an official party candidate.

He had applied for party ticket but was overlooked in favour of Waibha Kyndiah, Union Tribal Affairs Minister P R Kyndiah's son. Both Mr Waibha and Mr Shylla lost the election.

The Congress also removed him as the Chief Executive Member of the Council for his 'rebellious attitude'.

''The anti-defection is outside the purview of the sixth schedule of the Indian constitution,'' Mr Pyrbot told reporters, even as he blamed the then Executive Committee of the Council and former Governor M M Jacob for the lapses.

The KHADC had passed the Anti-Defection Bill on June 23, 2003 during the Congress led Meghalaya Democratic Alliance (MDA) coalition government.

In its judgment, the High Court, however, said the KHADC has no power to legislate or amend any law outside the Sixth Schedule.

''It is Parliament alone which has the legislative power to amend by way of addition or variation or repeal the provisions of the sixth Schedule,'' the judgment said.

Mr Pyrbot said the district council would soon reinstate Mr Shylla with all rights, privileges and facilities enjoyed by him and to pay back hiswages within one month.

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