YENGKHOM SURCHANDRA 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. P.S. Narasimha, Senior Advocate assisted by Mr. Lenin Hijam, learned Addl. Advocate General, Manipur for respondents No. 1 & 2, Mr. N. Ibotombi, learned Senior Advocate assisted by Mr. A. Romel, Advocate appearing for respondent No. 3.

(2.) The present writ petition had been filed challenging the order dated 18.06.2020 passed by the Speaker, Manipur Legislative Assembly, in Disqualification Case No. 14 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. 44 dated 18.06.2020 issued by the Secretary, Manipur Legislative Assembly, notifying the vacancy of the 37-Kakching 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 writ petition 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. 37-Kakching 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).