AIZAWL: The Election Commission of India (ECI) has acquitted former Mizoram sports minister and then MLA from Aizawl East-II constituency Robert Romawia Royte of office of profit case, officials said.
The commission in its reply to the state governor recently had stated that Royte has not incurred disqualification as MLA under Article 19 l(l)(e) of the constitution of India and section 9A of the Representation of the People Act (RP), 1951, they said.
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Based on the opinion and reply of the ECI, the governor issued an order on December 14 stating that Royte did not hold office of profit and had not incurred disqualification under the constitution and RP act.
The order was published by the state government in the official gazette on Thursday.
In February this year, Zoram People’s Movement (ZPM) general secretary (village department) SL Ngursailova filed a petition to governor Hari Babu Kambhampati to disqualify Royte for allegedly holding ‘office of profit’ on grounds of owning a consultancy firm that worked on several contracts under the state government in violation of RP Act.
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Ngursailova alleged that Royte, who was the minister of state holding various portfolios, including sports and tourism and also MLA from Aizawl East-II constituency, is the proprietor of North East Consultancy Services (NECS), and has been running his firm as well as regularly paid Goods and Service Tax even after he was elected to the state legislature in 2018.
At the same time, Royte’s son Mr. Vanlalfelpuia Royte also paid GST as the proprietor of the firm, he said.
He also alleged that Royte had concealed in his affidavit about a project undertaken by his firm at the time of filing his nomination in 2018, which violates section 125 of the RP Act (False Affidavit).
The ZPM leader had said that the NECS entered into subsisting contract with the government by executing ‘deed of agreement’ with the state District Council and Minority Affairs department through “Single Source Selection’ in June 2022 for execution of works under the Pradhan Mantri Jan Vikas Karyakram(PMJVK) scheme.
He said that Royte has incurred disqualification as MLA under the constitution and RP act.
The governor then sought the opinion of the ECI on the matter.
In its reply to the governor, the Election Commission said that the proprietorship of NECS was transferred by Royte to his son . Vanlalfelpuia Royte, through Business Transfer Agreement in October 2018 before filing his nomination for the 2018 polls.
“The false affidavit case cannot be entertained by the Election Commission since the grounds for incurring disqualification mentioned under Article 191 of the Constitution does not cover within its ambit filing of false affidavit by the legislator,” the Election Commission said.
It said that the agreement signed in June 2020 was not an agreement between Royte and the state government for the purpose of Section 9A of the RP Act.
It further said that the agreement between NECS and the state government was for engaging NECS as ‘consultant’ which means providing service.
“As per Section 9A of the RP Act, the scope of disqualification of a legislator for entering into a contract with the appropriate government should be for “execution of any works” or “supply of goods” and thus, does not include “services” within its ambit,” the ECI said.
Meanwhile, Royte, who was reelected from Hachhek constituency in the state assembly polls held on November 7, expressed happiness over the decision of the ECI and the governor.
He said that he has no personal hatred towards others because of the case.
Hailing the ECI for its rightful decision, he said that the decision will educate and increase the knowledge of the majority Mizos on the country’s constitution and laws.