Disqualification case HC fixes Jun 19 for further hearing
Source: The Sangai Express

Imphal, June 16 2020: The High Court of Manipur has fixed June 19 for further hearing of the disqualification cases filed against seven MLAs.

A Single Bench of the Court comprising Justice Kh Nobin fixed the day for the next hearing yesterday.

During the hearing, Kh Tarunkumar, counsel for the Speaker (Manipur Legislative Assembly) submitted that the Speaker will not be able to indicate the specific time period for disposal of the petitions (disqualification) in view of the fact that the petitioners have been granted time for filing rejoinder.

The counsel submitted that the Speaker will decide the petitions "as quickly as possible in accordance with law" .

It may be noted that the Court had sought a time-frame from the Speaker for disposal of the petitions earlier.

On the other hand, Kapil Sibal, senior counsel for the petitioners submitted that the Speaker has failed to indicate the specific time period and as such the petitions are likely to be decided by him (Speaker) either on June 18 or 19 by rejecting the petitions and leaving the petitioners with no sufficient time for questioning the order before the Rajya Sabha election on June 19.The counsel argued that the inaction on the part of the Speaker to decide the petitions within a reasonable time is "legally malafide" .

The Court during the hearing observed that the (disqualification) petitions should be decided by the Speaker within three months following the Supreme Court direction of January 21, 2020 .

The Speaker, Manipur Legislative Assembly is bound by this order, as he has not questioned it by way of a review petition.

This Court is unable to understand the meaning of the expression "in accordance with law" (on the time-frame for disposal of the cases) as submitted by the counsel for the Speaker, "if it will not mean and include the provisions of Article 14 of the Constitution and the judgment and order dated January 21, 2020 passed by the Supreme Court," said Justice Kh Nobin.

It may be mentioned that the petitions were filed by MLA K Meghachandra against MLA Ngamthang Haokip of Saitu AC, MLA O Henry against MLA Ksh Biren of Lamlai AC, MLA K Govindas against MLA Paonam Brojen of Wangjing-Tentha, MLA DD Thaisi against MLA Y Surchandra of Kakching AC, MLA Kh Joykisan against MLA Sanasam Bira of Kumbi AC, MLA O Surjakumar against MLA O Lukhoi of Wangoi AC and MLA K Ranjit against MLA Ginsuanhau of Singhat AC .

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