Speaker's Tribunal urged to disqualify Kh Joykisan
Source: Chronicle News Service

Imphal, May 09 2022: A petition has been filed at the Speaker's Tribunal of Manipur Legislative Assembly seeking the disqualification of sitting Thangmeiband AC MLA Khumukcham Joykisan, who won the 12th Manipur Legislative Assembly Election on JD (U) ticket, under the Tenth Schedule of the Indian Constitution.

The petition filed by one Oinam Kabichandra Singh of Thangmeiband Sinam Leikai, appealed to the Tribunal to initiate disqualification proceedings against MLA Joykisan under paragraph 2(1)(A) and (2) of the Tenth Schedule of Article 121(2) of the Constitution of India, stating that Joykisan was suspended from INC in the 11th Manipur Legislative Assembly.

He continued to hold the MLA seat for Thangmeiband till the expiry of the term.

Although Kh Joykisan was suspended from INC, he was not expelled from the party.

Joykisan also did not resign from the party.

However, he joined JD (U) while continuing to be a member of INC.

On top of this, he took the oath as an MLA of JD (U) in the 12th Manipur Legislative Assembly before resigning from INC.

It is unconstitutional for an MLA to represent another party, in this case JD(U), before resigning from his original party i.e., Congress, under Article 191 of the Constitution and in violation of the Tenth Schedule of the Indian Constitution.

The petition further stated that Kh Joykisan submitted his nomination paper to the returning officer on February 8 as a candidate of JD (U) .

However, he drew salary as an INC MLA on March 10.This indicates that he continued to serve as a member of INC till March 10, while the nomination paper filed by him on February 8 stated that he was a candidate of JD (U).

If Kh Joykisan wanted to contest the polls on another party 's ticket, he should have resigned from INC beforehand.

The provisions under Article 191(1) and Tenth Schedule of the Constitution India clearly states that "a member of a House belonging to any political party who has voluntarily given up the membership of such political party.'.., or joins another party after election...", should be disqualified for defection.

Thus, the petition appealed to the Speaker's Tribunal to initiate disqualification proceedings against Thangmeiband AC MLA Joykisan under Tenth Schedule of the Indian Constitution.

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