YENGKHOM SURCHANDRA SINGH Vs. MAYANGLAMBAM RAMESHWAR SINGH

JUDGEMENT

(1.) This petition has been filed by the petitioner Yengkhom Surchandra Singh, who is the first respondent in Election Petition No.1 of 2017, under Section 151 of the Code of Civil Procedure, 1908 read with Section 87 of the Representation of People Act, 1951, praying to keep the further proceedings of Election Petition No.1 of 2017 in abeyance in the light of the order dated 4.9.2020 passed in Election Petition No.12 of 2017 on the file of this Court.

(2.) According to the petitioner, the Speaker's Tribunal of Manipur Legislative Assembly, on an initiation of one Shri DD Thaisil, an MLA of Karong Assembly Constituency, had taken up a proceeding being Disqualification Case No.14 of 2019 under Tenth Schedule of the Constitution of India against the petitioner. The petitioner contested the said proceeding, but the Speaker's Tribunal, by an order dated 18.6.2020, disqualified the petitioner from being MLA. Accordingly, the Secretary, Manipur Legislative Assembly, issued a bulletin on 18.6.2020 that the petitioner Y.Surchandra Singh elected from 37Kakching Assembly Constituency has been disqualified from the membership on 18.6.2020 and thus, the 37-Kakching Assembly Constituency is lying vacant. Aggrieved by the said order, the petitioner had filed W.P.(C) No.316 of 2020 before this Court and the same is pending. The petitioner attempted to file Miscellaneous Application in the pending Election Petition bringing to the notice of this Court about the disqualification, but the Court had passed an order on 26.8.2020 rejecting the said request made by the learned counsel for the petitioner holding that the proceeding under Tenth Schedule is different from the Election Petition.

(3.) It is stated that one N.Mangi Singh filed Election Petition No.12 of 2017 before this Court challenging the election of one S.Bira Singh from 29-Kumbi Assembly Constituency in the last 11th Legislative Assembly Election, 2017. It is also stated that the Speaker, Manipur Legislative Assembly had passed an order dated 18.6.2020 under the Tenth Schedule disqualifying the said S.Bira Singh from being the member of Manipur Legislative Assembly and the Secretary of the Manipur Legislative Assembly had issued bulletin regarding disqualification. Challenging the said order, S.Bira Singh had filed a writ petition and the same is pending. Further, S.Bira Singh has also filed Miscellaneous Petition in Election Petition No.12 of 2017 bringing to the notice of the Court about the disqualification and for passing necessary order to dispose of Election Petition No.12 of 2017 as infructuous. By an order dated 4.9.2020, the trial of the Election Petition No.12 of 2017 was kept in abeyance till the fate of the writ petition.