High Court ruling on enactment and repealing Parliamentary Secretary may decide fate of 12 MLAs
Source: IT News

Imphal, September 19 2020: The ruling of the Manipur High Court in connection with the Writ petition and PIL filed against the appointment of Parliamentary Secretary in the 11th Manipur Legislative Assembly for some time is likely to give a headache to the present N.Biren Singh led government that may also decide the fate of the 12 MLAs whom the government appointed as Parliamentary Secretary for some time.

12 MLAs of the 11th Manipur Legislative Assembly, namely L Susindro Meitei (Yaima), Nahakpam Indrajit, Lourembam Rameshwor Meetei, Thokchom Satyabrata, Heikham Dingo Singh, Dr Sapam Ranjan, Soibam Subashchandra, Kongkham Robindro Singh, K Leishiyo, Khasim Vashum, Awangbow Newmai, and Ashab Uddin were appointed as Parliamentary secretary which is equivalent to the status of Minister of state under the Manipur Parliamentary Secretary (Appointment, Salary and Allowances, and Miscellaneous Provisions) Act 2012, which the High Court declared it as unconstitutional and as a sequitur taking reference to the various ruling of Supreme Court and Guwahati High Court.

The Manipur government had also passed the Parliamentary Secretary (Appointment, Salary and Allowance, and Miscellaneous Provisions) Repealing Act, 2018 ( Manipur Act No 6 of 2018) in the light of the Supreme Court judgment in connection with the act delivered on June 26,2017 .

"In the present case, another relevant factor is that the Repealing Act, 2018 is also invalid and unconstitutional for the reason that it provides for a saving clause in Section 2(2)...The State legislature cannot provide for saving clause in the Repealing Act, 2018 to justify acts, deeds, privileges which are impermissible under the Manipur Act No 10 of 2012 which is unconstitutional.

No right, in any manner, can subsist under the Manipur Act No.10 of 2012 and in any event, it cannot be saved by the Repealing Act, Manipur Act No 6 of 2018 .

What the State legislature cannot do directly, cannot be done indirectly.

On this aspect also, it has to be clearly held that the Repealing Act, 2018 is invalid and unconstitutional" , the bench of Manipur High Court comprising of the chief justice Ramalingam Sudhakar and justice Ahanthem Bimol Singh in its ruling said.

Interpretation of the Manipur High Court judgment may decide the fate of the 12 MLAs who had been appointed as Parliamentary Secretary for some time.

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