Speaker's Tribunal disqualifies Shyamkumar ; 7-Andro AC seat now vacant in State Assembly
Source: The Sangai Express

Imphal, March 28 2020: The Manipur Legislative Assembly Speaker's Tribunal has disqualified Thounaojam Shyamkumar from the membership of Manipur Legislative Assembly.

Announcing its verdict today, the Speaker's Tribunal observed that Th Shyamkumar blatantly violated the 10th Schedule of the Indian Constitution by sitting on treasury bench and holding ministerial posts after he was elected from Andro Assembly segment on Congress ticket.

The Speaker's Tribunal held a special sitting at 11 am today and it announced that Th Shyamkumar has been disqualified from the membership of Manipur Legislative Assembly.

Speaker's Tribunal disqualifies Shyamkumar

Later speaking to media persons, Speaker Y Khemchand stated that there were undeniable evidence of violation of the anti-defection law by Th Shyamkumar.

Soon after he was elected from Andro AC on Congress ticket in the State Assembly election held in 2017, Shyamkumar deserted his party, sat on treasury bench and served as a Cabinet Minister in the BJP-coalition Government.

As such, Th Shyamkumar has been disqualified from the membership of the 11th Manipur Legislative Assembly till the end of the current term, Khemchand said.

On being enquired about delaying announcement of the final verdict, Khemchand said that 15 cases were filed at the Speaker's Tribunal seeking disqualification of Th Shyamkumar under the anti-defection law.

Although it took time, the 15 cases were clubbed together and the tribunal tried it as a single case, Khemchand said.

Petitioners of the case have the right to go to the High Court and the Supreme Court.

The date for the last sitting of the Speaker's Tribunal was not something specified by the Supreme Court but it was fixed by the Assembly Secretariat, said the Speaker.

Meanwhile, following the disqualification of Th Shyamkumar, State Assembly Secretary M Ramani today issued a notification and a bulletin part 2, No 3 whereby it was declared that the seat of 7-Andro Assembly Constituency is now vacant in the House.

On March 18, the Supreme Court had issued an order restraining Shyamkumar from entering the State Assembly till further notice and listed the matter for further hearing on March 30.During the final hearing on February 4, N Ibotombi, Senior Advocate and SG Hasnain, Senior Advocate, appearing for the petitioners had submitted that Th Shyamkumar was elected as an MLA to the 11th Manipur Legislative Assembly in the last general election held in March, 2017 as a Congress candidate.

The senior counsels explained that though the Congress party was the single largest party, three short of majority in a House having a total of 60 Members as on March 14, the Governor invited the group led by BJP to form the State Government.

Preceding the aforesaid invitation, BJP leaders, its elected legislators, legislators of smaller parties and an elected Independent candidate along with Shyamkumar met the Governor in full view of media and he was seen along with the BJP leaders extending his support to the formation of a Government (which was displayed both in print and electronic media).

At no point of time, was Shyamkumar authorized by the Congress Party to support and be a part of the claim made by the BJP nor did he seek any approval for extension of such support from the Congress Party and the Congress Party all along has opposed the formation of a Government by the group led by BJP, the counsels contended.

It was also submitted that in a letter dated March 15, 2017, submitted by the Chief Minister designate of Manipur to the Governor recommending the post of Ministers to eight elected MLAs, Shyamkumar's name was shown as an Indian National Congress MLA representing Andro AC.

Th Shyamkumar was thus sworn in by the Governor as a Minister of the BJP-led Government and thereafter, a Gazette Notification was issued by the Government appointing him as one of the Ministers.

He, as a Minister, explained and answered questions related to the departments allotted to him in the House in all the Assembly sessions, the counsels informed, reasoning that his actions amounted to defection under the Tenth Schedule of the Constitution of India.

It may be mentioned that altogether 15 petitions were filed against Shyamkumar seeking his disqualification under the Tenth Schedule of the Constitution for defecting from the Congress and joining BJP and even becoming a Minister, by Congress MLAs and some private parties, including Saikot MLA Th Haokip, Wabagai MLA Md Fazur Rahim, Sagolband MLA RK Imo, Tipaimukh MLA Dr Chaltonlien Amo, Saikul MLA Yamthong Haokip, Sugnu MLA K Ranjit, Lilong MLA Md Abdul Nasir, Thangmeiband MLA Kh Joykisan, Karong MLA DD Thaissi, Wangkhei MLA O Henry, Khangabok MLA O Surjakumar, Patsoi MLA AK Mirabai, Ukhrul MLA Alfred Kangnam Arthur and Ningthoukhong MLA K Govindas between April 7, 2017, and August 1, 2018 .

They were later clubbed together by a common order of the Tribunal on July 27 last year.

On the other hand, MLA K Meghachandra who is one of the 15 petitioners, has welcomed the justice delivered by the Speaker but he also remarked that the verdict came too late.