HC restrains 7 MLAs from entering Assembly
Source: The Sangai Express
Imphal, June 08 2020:
The Manipur High Court on Monday restrained seven MLAs who were voted on Congress tickets but have allegedly been supporting the BJP led coalition Government, from entering the State Legislative Assembly until the Speaker decides and disposes their disqualification cases and the Speaker has been directed to ensure that the order is enforced by all concerned.
"Unless and until the petitions are decided and disposed of finally by the Manipur Legislative Assembly Speaker, respondents namely Sanasam Bira Singh, Ginsuanhau, Oinam Lukhoi Singh, Ngamthang Haokip, Yengkhom Surchandra Singh, Kshetrimayum Bira Singh, and Paonam Brojen Singh are restrained from entering the Assembly," the Court observed.
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.
The bench said that the petitions for the disqualification of the MLAs were filed before the Speaker on November 8, 2018, and were not decided by him within a reasonable time as mandated in Article 14 of the Constitution of India.
The petition before the Court said that the MLAs have voluntarily given up their membership, for which they are liable to be disqualified under the provisions of the Tenth Schedule for being a member of the Manipur Legislative Assembly.
"The whole controversy has, in fact, arisen due to the failure on the part of the Speaker to decide the petitions within a reasonable time.
Had any decision been taken by the Speaker on the petitions within a reasonable time, the controversy could have been obviated at the right time and undesirable interference by the Court would not have arisen at all," the Court observed.
"It is now less than two years for the term of the Assembly to come to an end.
If the Speaker fails to decide the petitions soon, the term of the Assembly may come to an end earlier than the disposal of the petitions, which will be rendered infructuous and the purpose of filing them will stand defeated," it said The Court said that the question arises as to what will happen to the salary already drawn by the MLA from the day on which the reasonable time has lapsed and if not recovered from him, it will incur a loss to the public exchequer.
"In order to prevent such an eventuality, the petition for disqualification needs to be decided by the Speaker at the earliest possible date or within three months as has now been fixed by the Supreme Court,'' the Court observed.
The ruling was passed today after it was kept reserved on June 5, after hearing the miscellaneous petition filed by some Congress MLAs against the seven MLAs on the ground that though they were elected on the Congress ticket, they had switched side to the BJP led coalition Government.
The Congress MLAs had sought an order to restrain them from entering the Assembly.
The Rajya Sabha poll is on June 19 .
During the hearing today, Justice Kh Nobin heard Kapil Sibal with SG Hasnain and N Ibotombi who appeared on behalf of the applicants and Kh Tarunkumar who appeared for the Speaker and HS Paonam who appeared for the private respondents.
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