JUDGMENT :

Kh. Nobin Singh, J.

1. Heard Shri S.G. Hasnain, learned Senior Advocate assisted by Shri S.M. Fazal, Advocate appearing for the petitioner in WP(C) No. 70 of 2018; Shri N. Ibotombi, learned Senior Advocate assisted by Shri A. Rommel, Advocate appearing for the petitioner in WP(C) No. 69 of 2018; Shri H.S. Paonam, learned Senior Advocate assisted by Shri S. Gunabanta, Advocate appearing for the private respondent, the respondent No. 3 in WP(C) No. 69 of 2018 & WP(C) No. 70 of 2018 and Shri N. Kumarjit, learned Advocate General, Manipur assisted by P. Tamphamani, Advocate appearing for the Speaker, Manipur Legislative Assembly in both the writ petitions.

2. Since the above two writ petitions have arisen out of the same set of facts, the same are being disposed of by this common judgment and order.

WP(C) No. 69 of 2018

3.1. By the instant writ petition, the petitioner has prayed for issuing an appropriate writ, order or direction as this Court may deem fit and proper; to direct that the respondent No. 3 has incurred disqualification for being a member of the Manipur Legislative Assembly under the provisions of the Tenth Schedule to the Constitution of India and also a writ in the nature of Quo Warranto ousting the respondent No. 3 from the post/office of the Cabinet Minister.

3.2. Facts and circumstances as narrated in the writ petition, are that the petitioner who is a member of the Manipur Legislative Assembly, was elected as an MLA to the 11th Manipur Legislative Assembly in the last election held in the month of March, 2017 as a candidate nominated and set up by the Indian National Congress, a National Political Party (hereinafter referred to as "the Congress Party"). Similar is the case with the respondent No. 3 who was elected as a member of the Manipur Legislative Assembly from 7-Andro Assembly Constituency in the last election held in the month of March, 2017 as a candidate nominated and set up by the Congress Party.

3.3. After the result of the said election being declared by the Election Commission of India, the Congress Party was found to be the largest single party but the Hon'ble Governor of Manipur invited the group led by the Bhartiya Janata Party (hereinafter referred to as "the BJP") to form the Government in the State. Preceding the aforesaid invitation, the BJP leaders, its elected legislators including the legislators of smaller parties and an elected independent candidate along with respondent No. 3, met the Hon'ble Governor in full view of the media and the respondent No. 3 exhibited himself along with the BJP leaders by extending his support to the claim for formation of the Government and this was displayed in both print and electronic media. At no point of time, the respondent No. 3 was authorized by the Congress Party to support and to be part of the claim made by the BJP nor did he seek any approval for extension of such support from the Congress Party. Further, the Congress Party all along remained opposed to the formation of the Government by the group led by the BJP.

3.4. As provided in Form-III under Rule 4 of the Members of the Manipur Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986, the respondent No. 3 declared himself as an MLA elected on the ticket of the Congress Party and he was also sworn in as an elected member of the Manipur Legislative Assembly belonging to the Congress Party.

3.5. In a letter dated 15.03.2017 submitted by the Hon'ble Chief Minister designate to the Hon'ble Governor of Manipur for giving oath to eight elected MLAs as the Minister, the name of the respondent No. 3 was shown as the MLA of the Congress Party representing the Ando Assembly Constituency. The respondent No. 3 was thus sworn in by the Hon'ble Governor as a Minister of the BJP led Government. Thereafter, a Notification dated 15.03.2017 was published in the Gazette by the Government of Manipur appointing the respondent No. 3 as one of the Ministers in the Council of Ministers led by th