HC hears petition against PS Act
Source: The Sangai Express
Imphal, March 13 2018:
The High Court of Manipur today heard the petition filed by Congress MLAs Surjakumar Okram and DD Thaisii seeking annulment of the impugned Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provision) Act 2012 which empowered the State Government to appoint Parliamentary Secretaries.
Notably, the incumbent State Government exercising the same Act and appointed 12 Parliamentary Secretaries last year.
After hearing the petition, a Division bench of the High Court comprising of acting Chief Justice N Kotiswar and Justice Kh Nobin fixed March 27 for the next round of hearing.
Advocate General N Kumarjit, representing the State Government, prayed before the Court for four weeks period.
The writ petition filed by the two Congress MLAs was admitted by a Division Bench of the High Court comprising of the then Chief Justice Abhilasha Kumari and Justice Kh Nobin on February 14 this year and issued notice to the respondents returnable within four weeks.
Out of the 12 MLAs who were earlier appointed as Parliamentary Secretaries and listed in the same case as respondents, 11 appeared before the Court through their respective counsels.
But respondent No 5, Khurai AC BJP MLA L Susindro alias Yaima did not turn up either personally or through counsel.
It is said that the MLA refused to accept summon served by the High Court.
As such, the High Court has issued a directive for publication of the summon through media.
The petition has been praying for declaring the impugned Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provision) Act 2012 as unconstitutional and ultra-vires to Article 164 (IA) of the Constitution and quashing of the same.
The 12 MLAs who were Parliamentary Secretaries in the present Government are Khurai AC BJP MLA Leisangthem Susindro alias Yaima, Naoriya Pakhanglakpa BJP MLA Soibam Subhaschandra, Keirao AC BJP MLA Lourembam Rameshwor, Kshetrigao AC BJP MLA N Indrajit, Mayang Imphal AC BJP MLA Kongkham Robindro, Yaiskul AC BJP MLA Thokchom Satyabrata, Sekmai AC BJP MLA Heikham Dingo, Konthoujam AC BJP MLA Dr Sapam Ranjan, Jiribam AC independent MLA Ashab Uddin, Chingai AC NPF MLA Khashim Vashum, Phungyar AC NPF MLA K Leishiyo and Tamei AC NPF MLA Awangbow Newmai.
Advocates N Ibotombi and Boboy Potsangbam appeared on behalf of the petitioners while Advocate General N Kumarjit assisted by Advocate P Tamphamani represented the respondents.
The other respondents listed in the case are the Chief Secretary, (Law), Deputy Secretary (Law) and the 12 MLAs.