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Manipur High Court Bars 7 MLAs, Who Switched From INC To BJP, From Entering Assembly
The High Court of Manipur barred 7 MLA’s who had changed their party from Indian National Congress to BJP from entering the Legislative Assembly until the speaker takes a final decision on their disqualification. The MLA’s had won 2017 elections to the state assembly of Manipur on INC ticket.
The bench comprising of Justice K H Nobin Singh followed the Supreme Court order where a legislator Thounaojam Shyamkumar was barred from entering the assembly on the basis of switching his party after winning the election and subsequent delay in disqualification by the speaker.
A number of applications were made to the speaker of Manipur Assembly for ordering disqualification of these 7 MLA’s under Tenth Schedule of the constitution. However, till date he did not disqualify them. The court observed that the speaker has failed to fulfil his duty and has disrespected the constitution of the country vis-a-vis article 14 and judgments of courts. It added that for the whole scene the speaker is responsible.
The court said that it has the power under Article 226 to interfere where the speaker fails to decide on disqualifications within a reasonable time. It further stated that there has already been waste of time in deciding on their disqualification and only 2 years are now left for the end of the term. It ordered urgent decision regarding the same (or within three months) to avoid loss to the public exchequer.
