Manipur Speaker Disqualifies Minister Th. Shyamkumar as MLA on Defection Grounds

Imphal, March 28, 2020:

The Speaker of the Manipur Legislative Assembly, Y Khemchand Singh on Saturday disqualified MLA Thounaojam Shyamkumar on grounds of defection, two days after the legislator filed his resignation.

Manipur Congress' KK Meghachandra, who had earlier moved the Supreme Court to disqualify Shyamkumar from his membership on the same grounds, expressed that it is too late for the Manipur Speaker to declare him as "disqualified."

"It has been 3 years I have been fighting for to get justice. I went to Manipur High Court and then to the Supreme Court. Had not the Apex Court given the order and its landmark judgment, the Speaker even might not have given the justice...I feel that the decision of the Speaker, despite the justice being delivered today, is too late because the justice has come after a long wait for 3 years in 5 years term of legislative tenure in our democracy," said Meghachandra.

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The order passed by Speaker Khemchand states, “Having considered the rival submissions of the parties, the undisputed facts of the present cases and the citations of the Hon'ble Supreme Court of India, which are clearly applicable to the facts and circumstances of the present cases, it is established beyond doubt that the respondent (Shyamkumar) had voluntarily given up the membership of the Indian National Congress. Hence, this Tribunal came to the conclusion that the respondent had clearly violated the provision of the Tenth Schedule of the Constitution of India and is liable to be punished as per the provision of the Constitution to uphold the dignity of democracy and the mandate of the people."

“I, therefore, hold that the respondent Shri Thounaojam Shyamkumar, Member of the Manipur Legislative Assembly, 7-Andro Assembly Constituency, Manipur had incurred disqualification for being a member of the Manipur Legislative Assembly…The respondent, thus, ceases to be a member of the Manipur Legislative Assembly with immediate effect from this date, i.e., 28-03-2020 till the expiry of the term of this assembly, i.e., 11th Legislative Assembly of Manipur,” the order stated.

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It may be mentioned here that 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. 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 had observed that the Speaker could not sit on a disqualification petition indefinitely. The court emphasized that it was 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.

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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