Reprieve for Th Shyamkumar : HC disposes writ petitions
Source: The Sangai Express
Imphal, July 23 2019:
A single bench of the High Court of Manipur today disposed the writ petitions filed by Wabagai MLA Fajur Rahim and Wangkhem MLA K Meghachandra seeking the disqualification of Forest Minister Th Shyamkumar and instead asked the Speaker of the Manipur Legislative Assembly to follow the 10th Schedule of the Constitution.
The High Court observed that the Speaker is expected to follow the mandate of the 10th Schedule in letter and spirit and if the Speaker keeps on postponing his decision, the objective of the 10th Schedule will stand defeated and it may be rendered a mere paper mandate.
The judgment of the single bench of Justice Kh Nobin came with regard to the petition seeking the disqualification of Th Shyamkumar under the anti- deflection law.
The Court also noted that the people of Manipur appear to have some reservations in the manner in which the Speaker is dealing with the issue as seen in the discussion of a local TV channel in which some people appear to have started expressing their views stating that the rule of law is not in force.
The rule of law is the basis of good governance and the scheme of the Constitution is based on the concept of rule of law.
Howsoever high a person may be he is not above the law, noted the High Court.
Referring to reports in the local newspapers, the judgment noted that in some of the petitions for disqualification, the Speaker appears to have taken prompt action by issuing notice which is a right approach and a good sign.
The Speaker is expected to follow the mandate of the 10th Schedule in letter and spirit and if the Speaker keeps on postponing his decision on such a petition, the object sought to be achieved in the 10th Schedule will stand defeated, the Court observed.
Therefore the Court is of the view that it may not be appropriate for the Court to pass an order, for the time being, as regard the inaction and indecision on the part of the Speaker to take a decision on the petitions for disqualification and moreover, the judicial discipline and propriety demand that the Court shall refrain from issuing a writ of quo warrant too declaring the public office of a Minister being held by the respondent as illegal and in view of this, the Court dispose the writ petitions.