Appointment of 12 Parliamentary Secretaries : HC fixes April 5 for final hearing
Source: The Sangai Express
Imphal, March 27 2018:
Division Bench High Court of Manipur, has fixed April 5 for the final hearing of the writ petition and PILs filed before the Court seeking annulment of the impugned Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provision) Act 2012, today.
The Act empowered the State to appoint Parliamentary Secretaries notably, evidenced by the incumbent State government exercising the same Act and appointing 12 Parliamentary Secretaries last year.
The writ petition filed by Khangabok Congress MLA, Okram Surjakumar, along with three other PILs filed in connection with the Parliamentary Secretary Act was listed together before the Division Bench High Court of Manipur, comprising of Acting Chief Justice N Kotiswar and Justice Kh Nobin.
All the respondents of the case were represented before the Court through their respective counsels for the hearing today.
When the matter was taken up by the Court, N Ibotombi, senior counsel of the petitioners submitted that he will be confining himself only to one issue, as to whether, the Manipur Parliamentary Secretary (Appointment, salary and allowances and Miscellaneous Provision) Act 2012, is Constitutionally valid or not, specifically in the light of the recent judgment of the Supreme Court reported in the All India reports 2017 SC 3552, (Bimolangshu Roy through LRs vs the State of Assam and another).
He further submitted that the present petition can be disposed accordingly considering the question of law only and it may not be necessary on the part of the respondents to seek time to file affidavits in opposition, as the counsel for the respondents have sought time for filing the said affidavits.
N Kumarjit, Advocate General representing the State Government respondents have already submitted the necessary affidavits in opposition.
Kh Tarunkumar, Kh Samarjit, Ajoy Pebam represented as the counsels of the others respondents.
Counsels of the State Government and other respondents prayed for some time to study the submitted AIR 2017 Supreme Court reports and the Court allowed the prayer.
The Division Bench fixed April 5 for the next date of hearing and instructed that an attempt shall be made to dispose the present writ petition on that day.
On the other hand, Th Manihar, counsel for the petitioner of the PIL number 10 of 2017, submitted that he has also challenged the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provision) Act 2012 in the petition and he will be referring to the decision of the Supreme Court at the time of hearing.
It may be mentioned that the writ petition filed by the two Congress MLAs, Okram Surjakumar and DD Thaisii was admitted by the High Court of Manipur on February 14 and the Court issued notices to the respondents to reply within four weeks.
The petition filed by the two Congress MLAs has been praying before the Court for declaring the impugned Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provision) Act 2012 as unconstitutional and to squash the same.
12 MLAs (who are the respondents of the case) who were appointed as Parliamentary Secretaries by the present BJP led State Government are Khurai BJP MLA Leisangthem Susindro alias Yaima, Naoriya Pakhanglakpa BJP MLA Soibam Subhaschandra, Keirao A/C BJP MLA Lourembam Ratneshwor, Kshetrigao A/C BJP MLA N Indrajit, Mayang Imphal BJP MLA Kongkham Robindro, Yaiskul A/C BJP MLA Thokchom Satyabrata, Sekmai A/C BJP MLA Heikham Dingo, Konthoujam AC BJP MLA Dr Sapam Ranjan, JMbam A/C Independent MLA Ashab Uddin, Chingai A/C NPF MLA Khashim Vashum, Phungyar A/C NPF MLA K Leishiyo and Tamei A/C PF MLA Awangbow Newmai.
Advocate N Ibotombi and Boboy Potsangbam appeared on behalf of the petitioners while Advocate General N Kumarjit assisted by Advocate P Tamphamani represented the State respondents.
The other respondents listed in the case are the Chief Secretary (Law), Deputy Secretary Law and the 12 MLAs.
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