10 Kuki MLAs likely to face disqualification
Source: Chronicle News Service

Imphal, August 27 2023: The 10 Kuki-Zo MLAs will not be considered as members of the Manipur Legislative Assembly if they fail to take part the assembly session scheduled on August 29 .

In pursuance to their demand amidst the ongoing ethnic conflict, 10 Kuki-Zo MLAs have announced that they will boycott the state assembly session scheduled on August 29 .

However, Article 75 (5) and 164 (4) of the Indian Constitution clearly mention that membership of an elected member of state assembly or Parliament will cease if he/she fails to take part in the assembly/ Parliament session in six months.

In other words, members of Parliament or assembly irrespective whether they are ministers or members will be considered as members till six months but they will not be bonafide members in case of failure to attend Parliament/ assembly session in six months.

Given the declaration by 10 Kuki-Zo MLAs that they will boycott the upcoming assembly session if their 'separate administration' demand is not fulfilled, a big question arises as to whether they will continue to be members of Manipur Legislative Assembly if they do not attend the special session on August 29.When enquired, an official of Manipur Legislative Assembly informed that none of the 10 Kuki-Zo MLAs except industry minister Nemcha Kipgen have sought leave from the session and Nemcha Kipgen's leave application indicates that she is not part of the boycott.

Nemcha Kipgen applied for leave from the session as per provisions of the Indian Constitution.

Nevertheless, the step the state assembly would take on seeking leave citing the prevailing law and order problem would be very difficult.

Even if the 10 Kuki-Zo MLAs withdraw boycott and instead seek leave, it is certain their membership will be forfeited as per provisions of the Indian Constitution if the House does not grant leave.

Article 194 and 105 of the Indian Constitution grant power and privileges of members to attend assembly session based on problems they faced but there is no mention about attending Parliament/assembly session virtually.

If the Kuki-Zo MLAs are allowed to attend the session virtually without physical attendance, the boycott they declared will be considered as instigation from someone and will be meaningless.

If the Kuki-Zo MLAs do not seek leave and happen to boycott the session, they will not be members as per provisions of Indian Constitution.

Accordingly, Kuki-Zo MLAs are required to seek leave within August 29 if they want to continue to be members of the House and the House too has to grant the leave.

If the Kuki-Zo MLAs do not seek leave and the House does not grant their leave, it is certain their membership will cease.

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