Disqualification case of Th Shyamkumar : SC seeks reply within two weeks
Source: The Sangai Express
Imphal, August 30 2019:
The Supreme Court has asked Manipur Legislative Assembly Speaker Y Khemchand and Forest & Environment Minister Th Shyamkumar to submit their reply within two weeks in connection with a petition filed by Congress MLA Keisham Meghachandra.
The apex Court passed an order to this effect today after hearing.
K Meghachandra filed the petition seeking disqualification of Forest and Environment Minister Th Shyamkumar after similar petitions filed at the High Court of Manipur were disposed citing jurisdictional issue.
Notably, the High Court of Manipur disposed of separate petitions filed by two Congress MLAs against Th Shyamkumar Singh, seeking his disqualification under the anti-defection law on July 23 this year.
Even though the High Court refused to pass any order citing jurisdictional issue, the Court took strong exception to the indecision on the part of the Manipur Legislative Assembly Speaker regarding the case though it had observed that the MLA holding a Ministerial portfolio is unconstitutional.
"It may not be appropriate for this Court to pass any order for the time being, as regards the inaction or indecision on the part of the Speaker to take a decision and moreover, the judicial discipline and propriety demand that High Court shall refrain from issuing a writ petition of quo warranto to declaring the public office of the Minister being held by the Minister as illegal", said Justice Kh Nobin while disposing the case.
The High Court order also opened a room for the petitioners to approach the Supreme Court.
Taking a cue from the High Court's suggestion, Keisham Meghachandra filed a petition at the apex Court which subsequently led to today's order.
Notably, Th Shyamkumar was elected to 11th Manipur Legislative Assembly from Andro AC on a Congress ticket before he switched sides and was sworn in as a Minister in the BJP-led coalition Government.
With the respondents notified to submit their reply within two weeks, the apex Court is like to pass a judgement on the disqualification case within a month, sources informed.