SANASAM BIRA SINGH Vs. HONOURABLE SPEAKER, MANIPUR LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) Heard Mr. HS. Paonam, learned Senior Advocate assisted by Mr. S. Gunabanta Meitei, Advocate, appearing for the petitioner, Mr. Satyapal Jain, learned Assistant Solicitor General of India assisted by Mr. Lenin Hijam, learned Addl. Advocate General, Manipur for respondents No. 1 & 2, Mr. S.G. Hasnain, learned Senior Advocate, appearing for respondent No. 3 in WP(C) No. 331 of 2020 and Mr. S. Biswajit, learned counsel appearing for the respondent No. 3 in WP(C) 363 of 2020.

(2.) The present 3(three) writ petitions have been filed challenging the common order dated 18.06.2020 passed by the Speaker, Manipur Legislative Assembly, in Disqualification Case No. 4 of 2019, Disqualification Case No. 5 of 2019 and Disqualification Case No. 13 of 2019, disqualifying the writ petitioner for being a member of the Manipur Legislative Assembly in terms of Para 2 (1) (a) of the Tenth Schedule of the Constitution of India read with Article 191 (2) of the Constitution of India w.e.f. 18.06.2020 till the expiry of the term of the 11th Legislative Assembly of Manipur as well as the bulletin part-II No. 42 dated 18.06.2020 issued by the Secretary, Manipur Legislative Assembly, notifying the vacancy of the 29-Kumbi Assembly Constituency consequent upon the disqualification of the writ petitioner from the membership of Manipur Legislative Assembly w.e.f. 18.06.2020.

(3.) The brief facts leading to the filing of the present 3(three) writ petitions are that on 04.03.2017 and 08.03.2017, the Manipur Legislative Assembly Election was held in which the writ petitioner contested the said election as a candidate sponsored by the Indian National Congress (INC) on the election symbol of the Indian National Congress (INC). The result of the said election was declared on 11.03.2016 and the writ petitioner was declared as an elected member of the 11th Manipur Legislative Assembly as a Legislator of the Indian National Congress (INC). The result of the said election was notified in the Manipur Gazette Extra Ordinary on 14.03.2017 and the name of the writ petitioner appeared at Sl. No. 29-Kumbi Assembly Constituency in the list of elected member with party affiliation marked as Indian National Congress (INC). Thereafter, on 19.03.2017, the petitioner was sworn in as a member of the 11th Manipur Legislative Assembly by the Pro-Tem Speaker as an elected member from the Indian National Congress (INC).