Mizoram governor Hari Babu Kambhampati vindicated Mizo National Front (MNF) legislator and chief executive member (CEM) of Chakma Autonomous District Council (CADC) Rasik Mohan Chakma from a move to disqualify him as a legislator on the allegations of ‘office of profit’, reports said on May 8.
In an order issued on May 7, Kambhampati said: “I do hereby decide that Rasik Mohan Chakma is not disqualified from being member of the Mizoram Legislative Assembly.”
According to the order, CADC member of district council (MDC), Doymoy Daveng Chakma, filed a representation on January 8 seeking disqualification of RM Chakma as a member of the state legislature, quoting relevant sections of the Mizoram State Legislative Members (Removal of Disqualification) (Amendment) Act, 2006, and as per Rule 11/1 of the CADC (CCB) Rules, 2002.
DD Chakma said that RM Chakma, MLA from Tuichawng assembly constituency, on grounds of being MDC as well as CEM of CADC, should be disqualified.
He submitted the representation to the chief minister, speaker of the state assembly, chief secretary, state law and judicial department, district council, and minority affairs department.
The opinion of the Election Commission of India was sought on March 19 under 192 (2) of the Constitution on the representation filed by DD Chakma and as observed by the state law and judicial department.
The central poll panel on April 27 responded with the opinion that Rasik Mohan Chakma has not incurred disqualification under Article 191 (1)(a) of the Constitution of India in view of the judgement order of the Gauhati high court in Hiphei and Ors vs the state of Mizoram and Ors in 2013.
Rasik Mohan Chakma was served a show cause notice on March 23 by state assembly speaker Lalbiakzama to give reasons why he should not be disqualified as a legislator and asked the latter to submit his replies on or before April 15. RM Chakma submitted his reply to the Speaker on April 15, the last date for submission of reply to the show cause notice.
The Mizoram State Legislature Members (Removal of Disqualification) (Amendment) Act, 2006, omitted Section 2(4) of the principal act, which allows executive and legislative positions in the autonomous district councils to become MLAs without being liable to be disqualified.
After winning the election to 20-member CADC early last year, Rasik Mohan Chakma was elected as MNF legislature party leader and became the CEM. He contested the election to the 40-member Mizoram legislative assembly from the Tuichawng seat on the MNF ticket last November and won. He continues to hold the posts of CEM and MLA till date and refused to resign as CEM or MLA, despite several protests from the members of the CADC.
