O Joy alleges Governor indiscretion
Source: The Sangai Express

Imphal, June 19 2012: Former MPP legislator Okram Joy Singh has accused Manipur Governor Gurbachan Jagat of misusing his discretionary powers in the appointment of Pro-tem Speaker for the 10th Manipur Legislative Assembly.

Speaking to newspersons at the MPP office this afternoon, Joy pointed out that Governor Gurbachan invoking Article 174 Clause B-11 of the indian Constitution issued an order on March 12 for dissolution of the 9th Manipur Legislative Assembly which was followed by another order (Art 180 (1)) the next day proclaiming appointment of L Nandakumar as the protem Speaker.

Consequent to the appointment of Nandakumar, speaker I Hemochandra stepped down from the post on the same day, said the veteran politician who also explained that the Speaker's post would be considered as 'vacant' in case the incumbent do not win in the subsequent Assembly elections.

However, in the case of the 10th Manipur Legislative Assembly election, both the Speaker I Hemochandra and the Deputy Speaker were re-elected to the House, maintained Joy, who is presently one of the MPP advisors.

As both the Speaker and the Deputy Speaker were re-elected the Governor appointing L Nandakumar as the Protem Speaker is in violation of the Constitutional provisions, he claimed while asserting that the Governor's proclamation of appointing Nandakumar and re-election of I Hemochandra in the 10th Manipur Legislative Assembly election tantamount to simultaneous presence of two individuals for the same post.

Contending that such an affront to provisions of the Indian Constitution occurred due to the Governor misusing his discretionary power, Joy further explained that a Governor can invoke Art 180 for appointment of Pro-tem speaker as per provision of Practice and Procedure of Parliament only if and when the Speaker or the Deputy Speaker cease functioning.

Highlighting that I Hemochandra had not stepped down from the Speakership of the 9th Legislative Assembly when appointment of the Pro-tem Speaker was effected, he further pointed out that the speaker will continue in the same post till the first session of the new Assembly, which in the present context means that I Hemochandra was officially the Speaker till March 19, the day of first session of the 10th Manipur Legislative Assembly.

Contending that he had already notified the Constitutional oversight of the Governor through a representation to the Governor's Special Secretary, Joy regretted that till date no official response has been forthcoming from the constitutional head of the State.

To elicit observations of constitutional and legal experts on the anomaly of appointing the Pro-tem Speaker when the Speaker still remained in office, he said copies of his memorandum to the Governor would be placed before all concerned.

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