Manipur HC restrains 7 Congress MLAs who joined BJP from entering state assembly
Jun 08, 2020
Imphal (Manipur) [India], June 8 : The Manipur High Court on Monday restrained seven Congress MLAs, who joined the BJP, from entering the state legislative assembly until the Speaker decides and disposes of their disqualification cases.
A bench of Justice KH Nobin Singh, while issuing the order, clarified that the court has not expressed any opinion on the merits of the disqualification petitions pending before the Speaker.
"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 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 filling 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.
