Disqualification case of Shyamkumar
SC order copy handed over to Speaker's Tribunal
Source: The Sangai Express
Imphal, January 25 2020:
Following the ruling of the Supreme Court directed to the Manipur Legislative Assem-bly Speaker's Tribunal to bring a solution to the dis-qualification case of MLA Th Shyamkumar within a period of 4 weeks, Supreme Court Senior Advocate SJ Hasnain today arrived at Imphal and submitted the order copy to the Speaker Y Khemchand's tribunal.
Notably, Th Shyam-kumar was elected on Congress ticket but he switched allegiance to BJP soon after the election results were declared, The senior Advocate, along with key members of the Manipur Pradesh Congress Committee, arrived at Speaker's Tribunal inside the Manipur State Assembly complex, Chingmeirong and submitted the order copy for disqualification of Th Shyamkumar, at around 1.25 pm today.
Speaking to media persons after submitting the order copy, SJ Hasnain, former Acting Advocate General of UP and former Additional Advocate General of Uttarakhand, said that the Speaker's Tribunal has been recommended to hear the petition filed by Congress MLA K Megha-chandra within a period of 4 weeks starting from today.
He narrated that the matter reached the Supreme Court after the Speaker's Tribunal kept on dragging the case without taking up proper actions against Shyamkumar under the Tenth Schedule of the Indian Constitution.
Now, the apex Court has ruled that the Speaker's Tribunal must conduct all necessary proceeding and announce a verdict concerning the disqualification case within 4 weeks, the senior advocate informed.
No one is above the law in a democracy like India and a case which concerns violation of the Tenth Schedule of the Constitution cannot be kept buried or delayed for too long.
The Speaker has to obey the directive of the Supreme Court and initiate fair proceeding at the earliest, he said, expressing belief that the Speaker's Tribunal will do the needful within the stipulated period.
SJ Hasnain lauded the order of the Supreme Court as a landmark judgement as it directs the Speakers to take up necessary actions in a timely fashion against those MLAs who violate the Tenth Schedule of the Constitution and jumps from one party to another.
The order shows that it is wrong for the Speaker to side with the Government and keep on resorting to delaying tactics in such a case, the senior advocate said adding that this is a lesson for all the Speakers.
Pointing out that it will be the right decision for the Speaker to respect the Supreme Court directive, SJ Hasnain expressed belief that the Speaker's Tribunal will do the right thing and expedite the process of disqualifying the 7 other Congress MLAs who have been supporting BJP under the Tenth Schedule.
He alleged that the Speaker has been dragging on Shyamkumar's case for around 2 years and explained that Shyamkumar could and should have been disqualified as soon as he took oath as a Minister in the BJP-led coalition State Government on March 15, 2017.The senior advocate further claimed that even if the Speaker's Tribunal fails to disqualify Shyamkumar after 4 weeks, the Supreme Court will take up necessary measures to disqualify him.
Even though Shyamkumar is claimed to be an unattached member, he can still be disqualified, SJ Hasnain claimed.