SC restores Ksh Biren, Bira as Members of State Assembly
Source: The Sangai Express

Imphal, December 14 2021: After the Supreme Court set aside the disqualification orders passed by the Speaker's Tribunal with respect to Kshetrimayum Biren Singh and Sanasam Bira Singh who were elected to the Manipur Legislative Assembly in 2017 from Lamlai and Kumbi Assembly constituencies respectively, the duo's membership of the Manipur Legislative Assembly has been restored.

The Manipur Legislative Assembly Secretariat issued a bulletin (Part-II) to this effect on December 13 .

After hearing two separate leave petitions filed by Ksh Biren and S Bira, the Supreme Court passed two identical orders on December 8 which restored the duo's membership of the Manipur Legislative Assembly.

SC restores Ksh Biren, Bira as Members of State Assembly

Notably, a number of disqualification cases involving Ksh Biren, S Bira and others were heard by the Speaker's Tribunal on June 18, 2020 whereby the two MLAs, among others, were disqualified under the 10th Schedule of the Indian Constitution for joining/supporting BJP whereas they were elected on Congress tickets.

Even as the disqualified MLAs challenged the Speaker's order at the High Court of Manipur, the High Court dismissed their petitions and upheld the Speaker's order.

Notably, the Speaker's Tribunal passed an order on June 6, 2020 whereby all the disqualification cases pending before the tribunal were fixed on June 17, 2020 for further proceedings.

However, on the direction of the Speaker, the date of hearing of the disqualification cases was reschedu- led on June 22, 2020 on account of illness of the Speaker.

But the same hearing was preponed to June 18, 2020 at 1 pm by issuing a notice on June 17, 2020.After perusing the special leave petitions filed by Ksh Biren and S Bira, the Supreme Court observed that there was no record which indicated any urgency for preponing the disqualification cases from June 22, 2020 to June 18, 2020 .

The apex Court further pointed out that none of the parties were represented before the Speaker when the cases were heard.

The questions whether mere reporting in the newspapers could be taken as sufficient proof of 'voluntarily giving up of the membership of the political party' and whether the matters require leading of evidence had to be gone into by the Speaker, the Supreme Court remarked.

The apex Court further opined that essential features of the matter demanded leading of the evidence as well as giving adequate opportunity to the parties to present their viewpoints.

"In the circumstances, we allow these appeals (filed by Ksh Biren and S Bira), set aside the (disqualification) orders passed by the Speaker and the High Court, and restore the disqualification cases (Nos 2, 7 and 9 of 2019) to the file of the Speaker to be decided afresh purely on merits without being influenced by any of the observations in the earlier orders of the Speaker and the High Court", reads the Supreme Court's order.

The apex Court further stated that Ksh Biren and S Bira shall continue to represent their electorates in the State Assembly till the matter is disposed of by the Speaker.

The apex Court also asked the Speaker to consider disposing of the pending disqualification applications as early as possible, in accordance with law.