Mohinder Verma
JAMMU, Sept 29: As the Member of Parliament from Ladakh region, Hassan Khan, who was recently elected as Councilor, has not resigned from either of the posts in view of ‘lacuna’ in the Ladakh Autonomous Hill Development Council Act, the Chief Executive Councilors of the Leh and Kargil have called for thorough review of the Act by the Government in order to remove all the grey areas.
Independent MP from Ladakh, Hassan Khan, who successfully contested Ladakh Autonomous Hill Development Council, Kargil elections from Silmoo constituency, was administered oath on September 15 by the Election Authority and Deputy Commissioner Kargil, Fida Hussain.
Though Ladakh Autonomous Hill Development Council Act, 1995 is silent about any legislator or parliamentarian simultaneously holding the post of Councilor, the Constitution of India and the Representation of People Act, 1951 do not permit any Parliamentarian or Legislator from being member of two Houses at the same time.
According to the legal experts, the Constitution of India and the Representation of Peoples Act, 1951 say that nobody can be member of both the Houses of Parliament and he or she should resign from one House within 14 days from the date of declaration of result of election. Similarly, nobody can simultaneously be Member of Legislative Assembly and Member of Parliament and he or she has to vacant one seat within 14 days from the date of declaration of result.
However, Hassan Khan has not resigned either from the Lok Sabha or from the Hill Council till date despite the fact that the result of Kargil Hill Council elections was announced on August 28, 2013. Similarly, the office of profit definition, as per the Supreme Court, doesn’t permit him to be Councilor as well as Member Parliament at the same time.
“Hill Council is like Assembly or Parliament and functions on the same pattern. Moreover, a Councilor gets salary every month and Constituency Development Fund on the pattern of Legislator and Parliamentarian”, experts said, adding “in such a situation Hassan Khan is morally not entitled to be member of Hill Council as well as Parliament”.
When contacted for comments on this ‘grave’ situation, Chief Executive Councilor (CEC) of Kargil Hill Council, Asgar Ali Karbalie said, “though LAHDC Act is silent on this issue yet it is understandable that one man cannot hold two positions. He (Hassan Khan) should have resigned from one of the position till date. There is no alternative for him”.
Stating that LAHDC Act need thorough review in order to remove grey areas like the one pertaining to holding of two positions, the CEC said, “I have already spoken to my counterpart in Leh and we have decided to identify all the grey areas in consultation with the experts and make necessary recommendations to the Government for amendments in the Act”.
Echoing similar views, Chief Executive Councilor of LAHDC Leh, Rigzin Spalbar said, “it is mockery of the democracy if one person remains member of two democratic institutions simultaneously”. “This is the high time to review the LAHDC Act so that all the lacunas are removed”, he added.
Mr Spalbar, who had sent a number of representations to the Chief Minister, Omar Abdullah for immediate review of the confusing provisions of the Act, said, “I will again write to him in the light of latest development”.
In response to a question, the Leh CEC said, “I am in touch with my counterpart in Kargil and we will shortly approach the Government for making necessary amendments in the Act so that there remains no confusion on any issue and both the Councils function smoothly and without any confusion”.
When contacted, Fida Hussain, Deputy Commissioner, Kargil-cum- Election Authority for Hill Council elections, confirmed that Hassan Khan has not resigned from the Council till date.
As far as resignation from Lok Sabha is concerned, sources said, “Hassan Khan is still sending official communiqués mentioning himself as Member of Parliament”.
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