KONTHOUJAM GOVINDAS Vs. HON€™BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY & 2 ORS.

JUDGEMENT

(1.) On 10.06.2020, Shri Kh. Tarunkumar, learned counsel appearing for the Speaker was granted time to seek instruction as to when the Speaker would be able to dispose of the petitions pending before him. Today, when the above matters are taken up for consideration, Shri Kh. Tarunkumar, learned counsel for the Speaker submits on instruction that the Speaker will not able to indicate the specific time period for disposal of the petitions in view of the fact that the petitioners have been granted time till 16.06.2020 for filing rejoinder and moreover, evidence may be required to be adduced by the parties. It has further been submitted by him that the Hon'ble Speaker will decide the petitions as quickly as possible in accordance with law.

(2.) On the other hand, Shri Kapil Sibal, learned Senior counsel appearing for the petitioners submits that the fact that the Speaker has failed to indicate the specific time period, has shown that the petitions are likely to be decided by him, either on 18-06-2020 or on 19-06-2020, rejecting the petitions so that the petitioners will have no sufficient time for questioning the order passed by him because the election of the Rajya Sabha will be held on 19.06.2020. The inaction on the part of the Speaker to decide the petitions within a reasonable time or for that matter, his conduct towards disposal of the petitions is legally malafide.

(3.) Shri H.S.Paonam, learned Senior counsel appearing for the Private respondents submits that in a similar matter namely R. Sakkrapani v. The Secretary, Tamil Nadu Legislative Assembly and ors, Civil Appeal No. 5156 2018 and Ors., the Hon'ble Supreme Court has declined to give a direction to the effect that the petitions pending before the Speaker will be decided within a specific time period. According to him, it has been observed by the Hon'ble Supreme Court that needless to say that the Speaker will take a decision in accordance with law. In reply thereto, it has been submitted by Shri Kapil Sibal, learned Senior counsel that the Hon'ble Supreme Court vide its order dated 14-02-2020 has disposed of the appeals as having become infructuous in view of the statement made by the learned Advocate General that the Speaker has issued notice on the disqualification petitions and that the expression "in accordance with law" as mentioned in the order dated 14.02.2020 will include the judgment and order dated 21-01-2020 passed by the Hon'ble Supreme Court in Shri K. Meghachandra Singh case.