Manipur HC disposes disqualification petition against Congress turncoat without any judgment

Source: indianexpress.com

The High Court of Manipur Tuesday disposed of separate petitions filed by two Congress MLAs against Minister Th. Shyamkumar Singh, seeking disqualification of the minister under the anti-defection law. The court refused to pass any order citing shortfalls of its jurisdiction under the tenth schedule.

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

“It may not be appropriate for this Court to pass any order for the time being, as regards the inaction or indecision on the part of the Speaker to take a decision and moreover, the judicial discipline and propriety demand that High Court shall refrain from issuing a writ petition of quo warranto to declaring the public office of the minister being held by the minister as illegal”, said justice KH. Nobin.

The judgment order was kept reserved by the single bench on July 2, after having several rounds of hearing since 2018. Both the petitions of the MLAs were clubbed together including filed by Congress MLA Md. Fajur Rahim, K. Meghachandra.

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.

Prior to the present petitions in the High Court, the Congress party had filed 13 petitions with the tribunal court of the Speaker of the Manipur Assembly for drawing up disqualification proceedings against Th. Shyamkumar. Aggrieved by the action on part of the Speaker, another petition was filed by the former president of Congress party Manipur TN. Haokip, in the High Court of Manipur pleading the court to give direction to the Speaker of Manipur Assembly to dispose of the petition pending with the tribunal.

Haokip’s petition was also disposed of without passing any judgment by the court citing a pending case in the Supreme Court pertaining to jurisdiction issue as the matter also falls under the purview of tenth schedule.