[DRAFT] BIREN SINGH, MANIPUR MLA

plea challenging a Manipur High Court order, which upheld the decision of Speaker, Manipur Legislative Assembly, disqualifying Kshetrimayum Biren Singh, Yengkhom Surchandra Singh and Sanasam Bira Singh, who allegedly joined hands with the Ruling Party for strengthening coalition Govt. led by BJP.

A Bench of Justice UU Lalit, Justice S Ravindra Bhat and Justice Bela M Trivedi

Earlier, the Court had issued notice stating that disqualification had nothing to do with flaunting insignia of the ruling party.

Three MLAs from Manipur have approached Supreme Court challenging a decision of the Manipur High Court which had upheld the Manipur Assembly Speaker's decision to disqualify them for defecting from the Indian National Congress (INC) and join the Bharatiya Janata Party (BJP)

Background

The Manipur High Court while upholding the Speaker's decision of disqualification, observed,

"In the absence of denial by the writ petitioner of the existence and authenticity of the newspapers and as there is also no denial of the reports made in the newspapers about the factum of the writ petitioner participating in the reception ceremony organized by the BJP and being facilitated by the BJP leaders on his voluntarily giving up the membership of the Indian National Congress Party and joining the BJP, the question of admissibility of the reports contained in the newspapers as a piece of evidence has virtually lost its relevance. Accordingly, we are also of the considered view that the judgment of the Hon'ble Apex Court cited by the learned Senior counsel for the petitioner has also no application in the facts and circumstances of the present case."

The MLAs were disqualified on the ground of voluntarily giving up their membership to support BJP, for the formation of a Coalition Govt. in the State.

It was also alleged that appellants with some other INC leaders were facilitated at a reception ceremony on July 15, 2017, by the Chief Minister of Manipur, Shri N. Biren Singh, covered by various Newspapers.

Appellants were disqualified on account of defection under Para 2(1) of the X Schedule.

Case Title: Kshetrimayum Biren Singh v. Speaker, Manipur Legislative Assembly and Ors