Adjudicate JD(U) MLAs' case: HC to Speaker
Source: The Sangai Express
Imphal, July 01 2024:
A Division Bench of the High Court of Manipur today directed the Speaker's Tribunal of Manipur Legislative Assembly to adjudicate the writ petition filed against five Janata Dai-United (JD-U) MLAs who defected and joined BJP within a reasonable period of time as per the law.
The judgment of the Division Bench comprising Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui was reserved after a hearing on June 12.The writ petition was filed by JD-U Secretary General Maisnam Dorendro against the Speaker, Manipur Legislative Assembly and six others including five MLAs of JD(U) who defected and joined BJP .
The petition prayed the High Court to give direction to the Speaker (respondent number 1) to register and decide the disqualification case filed by the petitioner on January 11, 2023 under Article 191(2) and para 2(l)(a) of the Tenth Schedule of the Constitution of India [read with Rule 6 of the Members of Manipur Legislative Assembly (Disqualification on the Ground of Defection) Rules, 1986] for disqualifying the private respondents (No 3 to 7) from being Members of the Manipur Legislative Assembly forthwith.
During the hearing of the writ petition, Lenin Hijam, Advocate General, High Court of Manipur invited attention of the Division Bench to a decision of the Constitutional Bench of the Supreme Court of India in Subash Desai versus Principal Secretary, Governor of Maharashtra and others and stated on behalf of the Speaker, that the latter shall adjudicate the petition for disqualification of the five MLAs under the Tenth Schedule within a reasonable period of time, in accordance with law.
The Division Bench, after accepting the statement made by the Advocate General on behalf of the Speaker, directed the Speaker's Tribunal to adjudicate the writ petition within a reasonable period as per the law.
The writ petition was filed before the High Court of Manipur just two months after five of the six elected JD-U MLAs defected from the party and joined BJP on September 4 last year.
The five MLAs in question are Khumukcham Joykisan (Thangmeiband AC), Thangjam Arunkumar (Wangkhei AC), Ashab Uddin (Jiribam AC), Ngursanglur Sanate (Tipaimukh AC) and LM Khaute (Churachandpur AC) .
After their defection, MLA Md Abdul Nasir of Lilong Assembly Constituency is the lone JD(U) MLA in the present Manipur Legislative Assembly.