The High Court of Meghalaya has dismissed an appeal by MLA Adelbert Nongrum challenging the Speaker's decision to disallow his Special Motion regarding alleged financial irregularities in the Saubhagya scheme implementation.
The appeal stemmed from a February 19, 2024 decision by the Speaker to reject Nongrum's motion concerning a Comptroller and Auditor General (CAG) report that criticized an expenditure of Rs 156.14 crore by the Meghalaya Power Distribution Corporation Limited (MePDCL).
In their judgment delivered on February 27, Chief Justice IP Mukerji and Justice W Diengdoh upheld the constitutional principle of separation of powers, citing Article 212 which restricts judicial interference in legislative proceedings.
"The Motion is premature as the audit report under the Rules of Procedure and Conduct of Business in the Meghalaya Legislative Assembly has to be placed before the Committee of Public Accounts, for its examination," Chief Justice Mukerji wrote.
The court noted that once the auditor's report is examined by the Public Accounts Committee, it would "certainly give a fresh cause of action to the appellant to present a new special motion if he is so advised."