Supreme Court Restrains Manipur BJP Minister Facing Disqualification from Entering Assembly Until Further Orders

Imphal, March 18, 2020:

The Supreme Court (SC) of India, in a landmark order, on Wednesday restrained Manipur minister Thounaojam Shyamkumar Singh from entering the Legislative Assembly.

The apex court also ceased the cabinet ministerial berth of Manipur Bharatiya Janata Party (BJP) Minister Thounaojam Shyamkumar. A bench headed by Justice Rohinton Nariman ordered that Singh, who defected to the BJP from Congress, will cease to be a minister from immediate effect.

It may be mentioned here that this has come after the Supreme Court noted that Speaker Y Khemchand Singh failed to decide the disqualification petition pending against Shyamkumar within the four-week period from the date when the judgment was intimated to him by the top court.

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After completion of four weeks, the Speaker had reportedly filed a Miscellaneous Application and requested for another period of eight weeks to decide the cases before him.

The SC observed that the Speaker cannot sit on a disqualification petition indefinitely. The court emphasized that it is essential for the Speaker to decide on the matter within a reasonable time period.

The apex court had also said that elected MPs or the legislative assemblies should not be allowed to continue, if they have been disqualified on anti-defection issues.

On the matter coming up before the SC bench today, Solicitor General requested the SC to defer the matter till March 28, by which, he said, there would be a judgment on the disqualification applications by the learned Speaker.

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After hearing the Solicitor General and Senior Advicate Kapil Sibal, who opposed the plea to defer the matter, the SC bench ordered, “Having heard learned senior counsel for both the parties, given the extraordinary facts in the present case, we are constrained to use our powers under Article 142 of the Constitution of India. Respondent No. 3 is restrained from entering the Legislative Assembly till further orders of this Court. Needless to add, he will cease to be a Minister of the Cabinet immediately. The matter to come up before this Court on 30th March, 2020.”

It may be mentioned here that Shyamkumar was expelled from Congress for a period of six years after he crossed over to the BJP. Singh was elected on Congress ticket from Andro constituency in Imphal East district of Manipur.

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