KEISHAM MEGHACHANDRA SINGH Vs. THE HONBLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY
LAWS(SC)-2020-1-53
SUPREME COURT OF INDIA
Decided on January 21,2020

Keisham Meghachandra Singh Appellant
VERSUS
The Honble Speaker Manipur Legislative Assembly Respondents


Referred Judgements :-

HARYANA VIDHAN SABHA V. KULDEEP BISHNOI AND ORS [REFERRED TO]
VASTINT LEEDS BV V. PERSONS UNKNOWN [REFERRED TO]
KIHOTO HOLLOHAN VS. ZACHILLHU [REFERRED TO]
KULDIP SINGH VS. SUBHASH CHANDER JAIN [REFERRED TO]
JAGJIT SINGH VS. STATE OF HARYANA [REFERRED TO]
RAJA RAM PAL VS. SPEAKER LOK SABHA [REFERRED TO]
RAJENDRA SINGH RANA VS. SWAMI PRASAD MAURYA [REFERRED TO]
SPEAKER, ORISSA LEGISLATIVE ASSEMBLY VS. UTKAL KESHARI PARIDA [REFERRED TO]
NABAM REBIA, AND BAMANG FELIX VS. DEPUTY SPEAKER AND OTHERS [REFERRED TO]


JUDGEMENT

R.F.NARIMAN,J. - (1.)Leave granted.
(2.)The Appeals in the present case raise important questions relating to the Tenth Schedule to the Constitution of India (hereinafter referred to as "Tenth Schedule"). The election for the 11th Manipur Legislative Assembly was conducted in March, 2017.
The said Assembly election produced an inconclusive result as none of the political parties were able to secure a majority i.e. 31 seats in a Legislative Assembly of 60 seats in order to form the Government. The Indian National Congress (hereinafter referred to as "Congress Party") emerged as the single largest party with 28 seats, the Bharatiya Janata Party (hereinafter referred to as "BJP") coming second with 21 seats. The Respondent No.3, in the Civil Appeal arising out of SLP(C) No. 18659 of 2019, contested as a candidate nominated and set up by the Congress Party and was duly elected as such. On 12.03.2017, immediately after the declaration of the results, Respondent No.3 along with various BJP members met the Governor of the State of Manipur in order to stake a claim for forming a BJP-led Government. On 15.03.2017, the Governor invited the group lead by the BJP to form the Government in the State. On the same day, the Chief Minister-Designate sent a letter to the Governor for administering oath as Ministers to eight elected MLAs including Respondent No.3. On the same day, Respondent No.3 was sworn in as a Minister in the BJP-led government and continues as such till date.

(3.)As many as thirteen applications for the disqualification of Respondent No.3 were filed before the Speaker of the Manipur Legislative Assembly between April and July, 2017 stating that Respondent No.3 was disqualified under paragraph 2(1)(a) of the Tenth Schedule. The present petition that was filed by the Appellant, in the Civil Appeal arising out of SLP(C) No. 18659 of 2019, was dated 31.07.2017.
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