JUDGMENT

R.F. Nariman, J.

1. Leave granted.

2. The Appeals in the present case raise important questions relating to the Tenth Schedule to the Constitution of India (hereinafter referred to as “Tenth Schedule”). The election for the 11th Manipur Legislative Assembly was conducted in March, 2017.

The said Assembly election produced an inconclusive result as none of the political parties were able to secure a majority i.e. 31 seats in a Legislative Assembly of 60 seats in order to form the Government. The Indian National Congress (hereinafter referred to as “Congress Party”) emerged as the single largest party with 28 seats, the Bharatiya Janata Party (hereinafter referred to as “BJP”) coming second with 21 seats. The Respondent No.3, in the Civil Appeal arising out of SLP(C) No. 18659 of 2019, contested as a candidate nominated and set up by the Congress Party and was duly elected as such. On 12.03.2017, immediately after the declaration of the results, Respondent No.3 along with various BJP members met the Governor of the State of Manipur in order to stake a claim for forming a BJP-led Government. On 15.03.2017, the Governor invited the group lead by the BJP to form the Government in t