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IN THE HIGH COURT OF MANIPUR AT IMPHAL
LANUSUNGKUM JAMIR, AHANTHEM BIMOL SINGH, JJ.
Shri Yengkhom Surchandra Singh, S/O (L) Y. Yaima Singh - Appellant
Versus
The Hon’ble Speaker, Manipur Legislative Assembly - Respondent
WP(C) No. 316 of 2020
Decided on : 02-06-2021
Election - Disqualification - Constitutional act of defection - Disqualifying for being a member of the Manipur Legislative Assembly - writ petitioner along with another MLA of the Indian National Congress (INC), 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.
Finding of the Court:
In the absence of denial by the writ petitioner of the existence and authenticity of the newspapers and as there is also no denial of the reports made in the newspapers about the factum of the writ petitioner participating in the reception ceremony organised by the BJP and being facilitated by the BJP leaders on his voluntarily giving up the membership of the Indian National Congress Party and joining the BJP, the question of admissibility of the reports contain in the newspapers as a piece of evidence has virtually lost its relevance. Accordingly, we are also of the considered view that the judgment of the Hon’ble Apex Court cited by the learned Senior counsel for the petitioner has also no application in the facts and circumstances of the present case.
Result: Petition dismissed
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. P.S. Narasimha, Senior Advocate 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 respondent No. 3.
[2] The present writ petitionhad been filed challenging the order dated 18.06.2020 passed by the Speaker, Manipur Legislative Assembly, in Disqualification Case No. 14 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. 44 dated 18.06.2020 issued by the Secretary, Manipur Legislative Assembly, notifying the vacancy of the 37-Kakching Assembly Constituency consequent upon the disqualification of the writ petitioner from the membership of Manipur Legislative Assembly w.e.f. 18.06.2020.
[3] The brief facts leading to the filing of the present writ petition 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. 37-Kakching 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, Disqualification Case No. 14 of 2019 was 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 37-Kakching Assembly Constituency as vacant.
[5] The grounds taken in the aforesaid disqualification case are that on 28.04.2017, the writ petitioner along with 3(three) other MLAs of the Indian National Congress (INC), viz., Shri S. Bira, Shri O. Lukhoi and Shri Ngamthang Haokip, 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 aforesaid 3(three) MLAs of INC were facilitated by performing a reception ceremony hosted on 28.04.2017 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 further alleged that the writ petitioner participated in various political works and programs hosted by the BJP by wearing the apparel meant for the BJP and such programs in which the writ petitioner participated were reported in the public domain in various Local/National Newspapers and electronic medias and that in view of such acts of the writ petitioner, it is beyond any doubt that the writ petitioner had voluntarily gave up his membership o
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
The scope of judicial review of an order passed by the Speaker under the Tenth Schedule to the Constitution of India is limited to grounds of malafides, perversity, violation of constitutional mandat....
Point of law: Election – Disqualification - No perversity - Speaker passed the impugned disqualification order after taking into consideration all the pleadings, newspaper reports, the photographs an....
The Speaker has the exclusive authority to decide disqualification petitions under the Tenth Schedule, and must act within a reasonable time to uphold constitutional mandates.
In disqualification proceedings under the Tenth Schedule, the standard of proof is preponderance of probabilities, not beyond reasonable doubt, contrary to the Speaker's ruling.
Speaker discharges quasi-judicial function while adjudicating question of disqualification of a Member. Such decision is amenable to judicial review.
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