Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs and DVDs filed in connection with the disqualification cases.

JUDGMENT :

A. Bimol Singh, J.

[1] Heard Mr. HS. Paonam, learned Senior Advocate assisted by Mr. S. Gunabanta Meitei, Advocate, appearing for the petitioner, Mr. Tushar Mehta, learned Solicitor General of India assisted by Mr. Lenin Hijam, learned Addl. Advocate General, Manipur for respondents No. 1 & 2, Mr. N. Ibotombi, learned Senior Advocate assisted by Mr. A. Romel, Advocate appearing for respondents and Mr. S. Biswajit, learned Advocate appearing for the private respondents.

[2] The present 3(three) writ petitions have been filed challenging the common order dated 18.06.2020 passed by the Speaker, Manipur Legislative Assembly, in Disqualification Case No. 2 of 2019, Disqualification Case No. 7 of 2019 and Disqualification Case No. 9 of 2019, disqualifying the writ petitioner for being a member of the Manipur Legislative Assembly in terms of Para 2 (1) (a) of the Tenth Schedule of the Constitution of India read with Article 191 (2) of the Constitution of India w.e.f. 18.06.2020 till the expiry of the term of the 11th Legislative Assembly of Manipur as well as the bulletin part-II No. 40 dated 18.06.2020 issued by the Secretary, Manipur Legislative Assembly, notifying the vacancy of the 8-Lamlai Assembly Constituency consequent upon the disqualification of the writ petitioner from the membership of Manipur Legislative Assembly w.e.f. 18.06.2020.

Since the facts and question of law involved in the present 3(three) writ petitions are common, we are disposing of the said 3(three) writ petitions by this common judgment and order.

[3] The brief facts leading to the filing of the present 3(three) writ petitions are that on 04.03.2017 and 08.03.2017, the Manipur Legislative Assembly Election was held in which the writ petitioner contested the said election as a candidate sponsored by the Indian National Congress (INC) on the election symbol of the Indian National Congress (INC). The result of the said election was declared on 11.03.2016 and the writ petitioner was declared as an elected member of the 11th Manipur Legislative Assembly as a Legislator of the Indian National Congress (INC). The result of the said election was notified in the Manipur Gazette Extra Ordinary on 14.03.2017 and the name of the writ petitioner appeared at Sl. No. 8-Lamlai Assembly Constituency in the list of elected member with party affiliation marked as Indian National Congress (INC). Thereafter, on 19.03.2017, the petitioner was sworn in as a member of the 11th Manipur Legislative Assembly by the Pro-Tem Speaker as an elected member from the Indian National Congress (INC).

[4] Subsequently, 3(three) disqualification cases, viz., Disqualification Case No. 2 of 2019, Disqualification Case No. 7 of 2019 and Disqualification Case No. 9 of 2019 were filed against the writ petitioner before the Speaker, Manipur Legislative Assembly, Manipur, praying for initiating disqualification proceedings against the writ petitioner and to pass an appropriate order declaring that the writ petitioner stands disqualified under Article 191 (2) of the Constitution of India and Para 2 (1) (a) of the Tenth Schedule to the Constitution of India and further to declare the seat of 8-Lamlai Assembly Constituency as vacant.

[5] The common grounds taken in the aforesaid 3(three) disqualification cases are that on 15.07.2017, the writ petitioner along with another MLA of the Indian National Congress (INC), viz., Shri PaonamBrojen voluntarily gave up their membership of the Indian National Congress (INC) and gave his support to the ruling party i.e., Bharatiya Janata Party (BJP) for the purpose of strengthening the coalition Government led by the BJP. It is also alleged that the writ petitioner along with the other aforesaid MLA of INC were facilitated by performing a reception ceremony hosted on 15.07.2017 by the Hon’ble Chief Minister of Manipur, Shri N. Biren Singh and that the said reception ceremony was covered and published in many Local/National Newspapers and Electronic medias. It is