MANIPUR PRADESH CONGRESS COMMITTEE Vs. S. SUBHASCHANDRA SINGH

JUDGEMENT

(1.) Heard Mr.Kapil Sibal, learned senior counsel assisted by Mr.Boboy Potsangbam, learned counsel appearing for the applicant. Also heard Mr.M.Hemchandra, learned senior counsel appearing on behalf of respondent No.1/writ petitioner and Mr.Chittaranjan, learned counsel appearing for respondent Nos.2 and 3.

(2.) By this application, the applicant is praying for impleadment as party respondent No.4 in WP(C) No.433 of 2020.

(3.) Mr.Kapil Sibal, learned senior counsel submits that the respondent No1/writ petitioner tendered his resignation from the Primary Membership of the Bharatiya Janata Party (BJP) as well as from being a member of the 11th Manipur Legislative Assembly on 17.6.2020. On the same day, i.e. 17.6.2020, the respondent No.1/writ petitioner submitted the membership form for enrolment as a member of the Indian National Congress (INC) and, the enrolment was approved by the Joint Secretary (Administration) Manipur Pradesh Congress Committee (MPCC) by an order dated 17.6.2020. Thereafter, on 18.6.2020 the Speaker of the Manipur Legislative Assembly accepted the resignation of the respondent No.1/writ petitioner and a Bulletin Part-II dated 18.6.2020 was issued by the Secretary, Manipur Legislative Assembly indicating that the respondent No.1/writ petitioner has resigned his seat in the Manipur Legislative Assembly and his resignation has been accepted by the Hon'ble Speaker and consequently upon his resignation, 21 Naoriya Pakhanglakpa A/C is lying vacant.