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Manipur High Court orders Speaker to adjudicate disqualification petition of JD(U) MLAs

by Rinku Khumukcham
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Manipur High Court orders Speaker to adjudicate disqualification petition of JD(U) MLAs

IT News
Imphal, July 1:

The double bench of the Manipur High Court has directed the Speaker of the Manipur Legislative Assembly to adjudicate the petition for disqualification of five JD(U) MLAs who defected and joined the BJP. The order was issued by Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui.
During the hearing, Lenin Hijam, Advocate General of Manipur, referenced paragraph 213.2 of the Supreme Court’s decision in Subhash Desai vs. Principal Secretary, Governor of Maharashtra and Others [(2024) 2 SCC 719], affirming that the Speaker will address the disqualification petition within a reasonable period as per the law. The court accepted this assurance and directed accordingly, disposing of the writ petition with the liberty for the petitioner to revive it in case of any difficulty.
The petitioner, Maisnam Dorendro Singh, Secretary General of Janata Dal (United), sought multiple reliefs, including the issuance of a writ of mandamus directing the Speaker to register and decide the disqualification case filed on January 11, 2023, under Article 191(2) and Paragraph 2(1)(a) of the Tenth Schedule of the Indian Constitution.
The petition also referenced the Supreme Court’s order dated October 30, 2023, in Writ Petition (Civil) No. 1077/2023, which mandates a two-month period for such decisions.
Representing the petitioner, Mr. Ajoy Pebam argued for the immediate disqualification of the defected MLAs. The court’s direction now requires the Speaker to address the petition promptly, adhering to the constitutional and legal framework.
It should be noted that five out of the six Janata Dal (United) MLAs in Manipur have merged with the ruling BJP. The JD(U) legislators who joined the BJP are Khumukcham Joykisan Singh from Thangmeiband, Ngursanglur Sanate from Tipaimukh, Mohammed Achab Uddin from Jiribam, Thangjam Arunkumar from Wangkhei, and L.M. Khaute from Churachandpur. The only JD(U) legislator who did not join the BJP is Mohammed Nasir, who represents the Lilong constituency.

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