Maisnam Dorendro Singh v. The Honble Speaker, Manipur Legilative Assembly and 6 Others

O R D E R

01.07.2024 Siddharth Mridul, C.J. :

Mr. Ajoy Pebam, learned counsel, appears on behalf of the petitioner; and Mr. Lenin Hijam, learned Advocate General, Manipur, appears on behalf of the Manipur Legislative Assembly. The present writ petition under Article 226 of the Constitution of India, has been instituted by Maisnam Dorendro Singh, statedly, the Secretary General, Janata Dal (United), praying as follows:-"In the premises aforesaid it is most respectfully prayed that your Lordships may be pleased to: -

i) issue notice:

ii) allow the Petitioner to take steps to the Private Respondent Nos. 2 and 7 through their email ngursanglur@gmail.com and lmkhaute 2021@gmail.com respectively as well as through SP, Churachandpur/DGP, Manipur,

iii) admit this Petition;

iv) issue Rule nisi;

v) issue Writ in the nature of Mandamus or an appropriate Writ, Order, or Direction as this Hon'ble Court may deem fit and proper thereby directing the Respondent No. 1 to register and decide the Disqualification Case filed by the Petitioner on 11/01/2023 under Article 191(2) and para 2 (1)(a) of the Tenth Schedule to the Constitution of India read with Rule 6 of the KABORAMB AM SANDEEP SINGH by KABORAMBAM SANDEEP SINGH Date: 2024.07.01 16:35:47 +05'30'

W.P. (C) No. 774 of 2023 Page 2 Members of Manipur Legislative Assembly (Disqualification on the Ground of Defection) Rules, 1986 for disqualifying the Private Respondent Nos. 3 to 7 from being members of the Manipur Legislative Assembly forthwith and in any event not later than 1 (one) week inasmuch as the period of 2 (two) months or on or before as a mandate inscribed under the Order dated 30-10-2023 of the Hon'ble Supreme Court of India passed in Writ Petition (Civil) No. 1077/2023 and its connected cases (JAYANT - PATIL - VERSUS-THE SPEAKER MAHARASHTRA STATE LEGISLATIVE ASSEMBLY).

vi) pass any other order/orders or direction/directions which the Hon'ble Court may deem fit and proper appropriate to the facts and circumstances of the case.

vii) award the cost of the petition. And, for this act of kindness the humble Petitioner as in duty bound shall ever remain pray."

Mr. Lenin Hijam, learned Advocate General, Manipur, by inviting our attention to paragraph 213.2 of the decision of the Constitution Bench of the Hon'ble Supreme Court of India in Subhash Desai Vs. Principal Secretary, Governor of Maharashtra and Others, reported as (2024) 2 SCC 719, states on behalf of the Hon'ble Speaker, Manipur Legislative Assembly, that the latter shall adjudicate the petition instituted on behalf of the petitioner for disqualification of the subject MLAs under the Tenth Schedule within a reasonable period of time, in accordance with law. The statement made on behalf of the Hon'ble Speaker is hereby accepted. Directed accordingly. No further relief is prayed for. With the above direction, the writ petition is disposed of. Needless to state that in the event of any difficulty, the petitioner is at liberty to revive the writ petition.

JUDGE

CHIEF JUSTICE Sandeep

W.P. (C) No. 774 of 2023 Page 1 Item No. 23 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P. (C) No. 774 of 2023 Maisnam Dorendro Singh Petitioner Vs. The Hon'ble Speaker, Manipur Legislative Assembly; & Ors. Respondents BEFORE HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI