GUWAHATI: Dealing a major blow to ruling BJP, the Manipur High Court on Monday passed an order directing Speaker Yumnam Khemchand to “restrain” the entry of seven Congress MLAs, who had “defected” to the saffron party, into the Assembly until further order.
After hearing disqualification petitions filed against them, the one-judge Bench of Justice K Nobin Singh of the High Court ordered: “…With the direction that unless and until the petitions are decided and disposed of finally by the Hon’ble Speaker, Manipur Legislative Assembly, the private respondents namely Shri Sanasam Bira Singh, MLA; Shri Ginsuanhau, MLA; Shri Oinam Lukhoi Singh, MLA; Shri Ngamthang Haokip, MLA; Shri Yengkhom Surchandra Singh, MLA; Shri Kshetrimayum Bira Singh, MLA and Shri Paonam Brojen Singh, MLA, are restrained from entering the Manipur Legislative Assembly, Imphal. The Hon’ble Speaker, Manipur Legislative Assembly, is directed to ensure compliance of this order by all concerned,” the one-judge Bench of Justice K Nobin Singh of the High Court ordered.
Senior advocate and Congress leader Kapil Sibal had led the team of advocates representing petitioners from the Congress.
The court said the Speaker had failed to decide the petitions filed by the petitioners from Congress party within a reasonable time. It said despite the petitions being filed on November 8, 2018, the Speaker had not disposed them of till date.
“In Shri K. Meghachandra Singh (supra), the Hon’ble Supreme Court, while partly allowing the Civil Appeals arising out of SLP (C) No.18659 of 2019 vide its judgment and order dated 21-01-2020, directed the Hon’ble Speaker to decide the petitions within four weeks from the date on which it was intimated to him. Since the Hon’ble Speaker failed to decide the same within the time as directed, the Hon’ble Supreme Court passed an order dated 18-03-2020 directing that Shri Th. Shyamkumar Singh be restrained from entering the Manipur Legislative Assembly until further order,” the court said.
After hearing a similar disqualification petition in March this year filed by Congress MLA Meghachandra, the Supreme Court stripped Manipur Minister Thounaojam Shyamkumar of his office and banned his entry into the Assembly. Later, the Speaker had disqualified him as a member of the Assembly.
Shyamkumar was elected in the 2017 elections on a Congress ticket. However, he had switched to the BJP even before being sworn in as a Member of the Assembly. The BJP had rewarded him with a berth in the Cabinet.
The Manipur HC said, “…The Hon’ble Supreme Court has also observed that what is reasonable will depend on the facts of each case but absent exceptional circumstances for which there is good reason, a period of three months from the date on which the petition is filed, is the outer limit within which the petition must be decided by the Speaker”.
The Congress is elated. “I welcome the verdict of Hon'ble High Court of Manipur. The Keisham Meghachandra judgment of the Supreme Court has given the path to justice today. I am sure that Congress will win the Rajya Sabha election from Manipur on June 19. I look forward to seeing a new Congress-led coalition government in Manipur soon. Day by day, the ruling coalition is being weakened numerically and politically in Manipur. I thank our senior counsels Kapil Sibal, SG Hasnain, and N Ibotombi,” Congress spokesman Ningombam Bupenda Meitei told this newspaper.
Following the court’s order, the seven MLAs will not be able to take part in voting during election to the state’s lone Rajya Sabha seat.