SURJAKUMAR OKRAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. N. Ibotombi, learned senior counsel appearing for the petitioners in W.P. (C) No. 317 of 2018 and Mr. M. Hemchandra, learned senior counsel appearing for the petitioner in PIL No. 16 of 2018 and PIL No. 9 of 2017. Heard also Mr. N. Kumarjit, learned Advocate General appearing for the State respondents in all the cases. None appears for the petitioner in PIL No. 10 of 2017 and PIL No. 7 of 2017.

(2.) The writ petition and PILs have been filed for quashing The Manipur Parliamentary Secretary (Appointment, Salary And Allowances and Miscellaneous Provisions) Repealing Act, 2018 and The Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012. Another relief which is sought for in PIL No. 7 of 2017 and PIL No. 9 of 2017 for quashing Notification No. 15/1/2017- CON dated 23.03.2017 for appointment of 12 (twelve) Parliamentary Secretaries [(Annexure-A/1 in PIL No. 7 of 2017)/(Annexure-/2 in PIL No. 9 of 2017)] has become irrelevant at this point of time as their appointment has been discontinued by orders dated 17.07.2017 and 25.10.2017 [Annexure R/1 and R/2 of Reply affidavit dated 15.11.2017 filed by respondents in both PIL No. 7 of 2017 and PIL No. 9 of 2017]

(3.) On 04.08.2012, the Government of Manipur enacted the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 (Manipur Act No. 10 of 2012), hereinafter referred to as the main Act, 2012, enabling the Chief Minister to appoint Members of Manipur Legislative Assembly as Parliamentary Secretary with the status and rank of a Minister of a State. The Parliamentary Secretary will perform his duties and function as may be specified in the Official Gazette by the Chief Minister. Certain procedures have been laid down in the said act for this purpose. The Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 (Manipur Act No. 10 of 2012) reads as follows :-