Governor dismisses plea for disqualifying 12 MLAs
Source: Chronicle News Service
Imphal, December 08 2021:
Governor La Ganesan on Wednesday dismissed the complaint filed by Congress MLA DD Thaisii seeking disqualification of 12 MLAs of the ruling BJP government for holding office of profit.
On October 21, 2020, DD Thaisii filed a complaint in writing to the Governor under Article 192 of the Indian Constitution, stating that the appointment of the 12 MLAs by the ruling BJP government falls under office of profit and as such, they should be disqualified.
On November 30, 2021, the 12 MLAs submitted affidavits referring to various provisions of the Constitution and laws laid down by the Supreme Court.
According to a judgment of the Supreme Court, under Article 191 (1)(a) of the Constitution, the Legislature of a State has the power to exempt any office for being office of profit.
Thus, the Governor exercised its powers under Article 192 (l) and held that the 12 MLAs did not deserve disqualification for holding office of profit under Article 191 of the Constitution.
As such, the Governor dismissed the complaint filed by DD Thaisii.
The 12 MLAs whose disqualification were sought include Leisangthem Susindro (Khurai AC), N Indrajit (Kshetrigao AC), L Rameshwor (Keirao AC), Th Satyabrata (Yaiskul AC), H Dingo (Sekmai AC), Dr S Ranjan (Konthoujam AC), S Subashchandra (Naoriya Pakhanglakpa AC), K Robindro (Mayang Imphal AC), Leishiyo Keishing (Phungyar AC), Khasim Vashum (Chingai AC), Awangbow Newmai (Tamei AC), and Asab Uddin (Jiribam AC).
While the law relevant to the office of profit bars MPs and MLAs from holding a position under the government, the 12 MLAs held positions of parliamentary secretaries under an exemption granted by two laws - the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012, and the Manipur Parliamentary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Act, 2018 - passed in the last decade.
Both Acts ceased to exist after the Manipur High Court pronounced them invalid and unconstitutional in a judgment on September 17, 2020, after which the Congress had approached the then Governor Dr Najma Heptulla seeking disqualification oi the 12 MLAs on account of holding the position of parliamentary secretaries, which qualified as 'office of profit' after the HC ruling.
The Governor had sought the EC's views on the matter in October, 2020.On November 9, a bench comprising Justices L Nageswara Rao, BR Gavai and BV Nagarathna of the Supreme Court hearing the writ petition observed that the Governor of Manipur cannot delay deciding on the opinion given by the Election Commission of India (ECI) on January 13, 2021, regarding the disqualification of 12 BJP MLAs of Manipur Assembly in the "office of profit" issue.
It may be mentioned here that the case filed by DD Thaisii to the Supreme Court is listed for hearing as serial no 5 on Thursday.