SEPHU HAOKIP Vs. SPEAKER MANIPUR LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) These two Civil Rule Petitions are heard together, the questions raised being identical and, therefore, this Single Judgment will govern both the cases.

(2.) Civil Rule Petition No. 54/98 is preferred by three of the disqualified MLAs of the Manipur Legislative Assembly namely Shri Sephu Haokip, Shri Basant Kumar Wangkhem and Shri D. Lohrii-filing this writ petition under Article 226 of the Constitution particularly with a prayer for declaring the order of disqualification dated 29.7.95 to be unlawful, arbitrary, malafide and malicious so passed by the Speaker, Manipur Legislative Assembly, the copies of which ,are filed and marked as Annexure-A/7 to A/9. The order disqualifying them being passed in exercise of the powers conferred upon the Speaker under the 10th Schedule of the Constitution of India in the light of the satisfaction of the Speaker that the petitioners had voluntarily given up their membership from their political party and also from being a member of the Congress Legislature Party and as such, found liable to be disqualified under the various provisions of the 10th Schedule of the Constitution of India.

(3.) In this writ petition No. 54/98, the Speaker, Manipur Legislative Assembly is impleaded as respondent No.1 whereas the Election Commission of India as respondent No.2. The petitioners, in this writ petition are represented by their learned counsel Shri B.P. Sahu whereas respondent No. 1 is represented by the learned counsel Dr. N.K. Singh and respondent No. 2 by the learned senior counsel Mr. P.C.Deka.The cause of action in nut shell giving rise to filing of this writ petition, as submitted by Mr. Sahu, the learned counsel for the petitioners, is the orders passed by the Speaker dated 6.11.97, copies of which are filed and marked as Annexure-A/19 to A/21 by virtue of which, as submitted, after dealing with the orders passed by this Court in Civil Rule No. 460/95 and 469/95 in which the Bulletin Part- II dated 1.7.95 was so challenged, the Speaker has shown his inability as to review his previous order of disqualification dated 29.7.95 disqualifying 5 of the sitting MLAs though by the said order dated 6.11.97, a liberty was given by the Speaker to approach the Supreme Court or the Gauhati High Court to seek remedy of their grievances, so, this petition. (CIVIL RULE PETITION NO. 45/98)