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Manipur: Speaker’s Tribunal dismisses minister Shyamkumar’s application in disqualification case

The petitioners pleaded the Speaker’s tribunal to disqualify Th. Shyamkumar under Article 191 (2) and Para 2(1) (a) of the Tenth Schedule to the constitution of India in addition with rule 6 of the members of Manipur Legislative Assembly which stated about disqualification on the ground of defection rule of 1996.

manipur Shyamkumar, manipur tribunal court, Manipur Legislative Assembly, manipur congress mla, manipur mla joins bjp Th. Shyamkumar was elected to 11th Manipur Legislative Assembly from Andro Assembly Constituency on Congress ticket but later sworn in as a Minister of BJP led Manipur Government.

The Tribunal court of the Speaker of Manipur Legislative Assembly has dismissed the application filed by Minister Th Shyamkumar seeking rejection of the disqualification petitions filed by 11 congress MLAs.

The tribunal observed that it did not see any merit in the application filed by Shyamkumar citing the order of the Supreme Court in Ravi S. Naik vs Union of India and others (1994) and Dr. Mahachandra Prasad Singh vs Chairman Bihar Legislative Council and others (2004). Accordingly, the application was dismissed.

The petitioners pleaded the Speaker’s tribunal to disqualify Th. Shyamkumar under Article 191 (2) and Para 2(1) (a) of the Tenth Schedule to the constitution of India in addition with rule 6 of the members of Manipur Legislative Assembly which stated about disqualification on the ground of defection rule of 1996.

Th. Shyamkumar was elected to 11th Manipur Legislative Assembly from Andro Assembly Constituency on Congress ticket but later sworn in as a Minister of BJP led Manipur Government.

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In response to the petition, Minister Shyamkumar filed an application with a plea to reject the disqualification case questioning its maintainability on the ground that “the petitioners with the provisions of the Members of Manipur Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986 or to pass an order as deem fit in accordance with law”.

The petitioner raised objection that the application was nothing but mere tactics of the respondent to delay the further proceedings of the Tribunal. Moreover, he said the petitioner pointed out that the Minister did not raise same objection before the High Court of Manipur while two similar petitions for disqualification against the Minister were pending for disposal.

The judgment order was kept reserved by the single bench on July 2, after having several rounds of hearing since 2018. Although the MLAs filed separate petitions, the petition was clubbed together as one for the pleas are the same.

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On July 23, the High Court of Manipur has disposed of separate petitions filed by two Congress MLAs against Minister Th. Shyamkumar Singh, seeking disqualification of the minister, without passing any order citing shortfalls of the jurisdiction of the Court under the tenth schedule.

Nevertheless, the court while giving his observation of the petition lamented on the indecision on the part of the Speaker of Manipur Legislative Assembly to take a decision.

First published on: 03-08-2019 at 10:03:55 pm
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