HC directs Speaker to hear petition against JD-U MLAs
Source: Chronicle News Service
Imphal, July 01 2024:
The Manipur High Court has instructed the Speaker of Manipur Legislative Assembly to adjudicate a petition seeking disqualification of five Janata Dal-United (JD-U) MLAs.
The directive was issued on Monday, by a double bench of Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui.
The petition, filed by the JD-U Manipur, requested disqualification of the five MLAs under anti-defection laws after they defected to join the BJP, the principal coalition partner in the ruling government.
The JD-U, which secured six seats in the last assembly elections, filed a fresh petition following a similar plea by the Congress, the primary opposition party, in September 2022.After the February-March 2022 elections, five JD-U MLAs merged with the BJP legislature party, increasing the ruling coalition's strength to 37 in the 60-member assembly.
The JD-U renewed its disqualification plea on December 13, 2023, under the 10th schedule of Indian Constitution, which addresses defections.
During the proceedings, advocate general Lenin Hijam cited relevant legal precedents, including a Supreme Court decision, highlighting the Speaker's duty to address disqualification petitions.
Accordingly, the double bench disposed the writ petition, granting the petitioner the liberty to revive it if necessary.
JD-U secretary general Maisnam Dorendro sought multiple reliefs through the petition, including a mandamus directing the Speaker to register and decide on the disqualification case swiftly, referencing a Supreme Court order mandating a timeframe for such decisions.
Of the six JD-U MLAs, Khumukcham Joykisan, Ngursanglur Sanate, Md Ashab Uddin, Thangjam Arunkumar and LM Khaute, later joined the BJP leaving MD Abdul Nasir from Lilong constituency alone in the party.