Manipur Political Crisis – Burning Issues

Table of Contents

Importance of the issue

March – One Congress MLA, who had defected to the BJP, was disqualified by the Speaker following an order of the Supreme Court, reducing the house strength to 59 members.
June 8 – High Court of Manipur restrained the seven Congress MLAs, who defected to the BJP, from entering the assembly till Speaker Y. Khemchand Singh finally disposed of the pending anti-defection cases against them.

Right before the Rajya sabha elections , on 17 June, many MLAs switched support from the BJP govt.
4 NPP
1 TMC
1 independent
3 BJP MLAs tendered resignation from the House and joined Congress
4 out of 7 who had left Congress, went back to Congress again.
House strength – 56
Congress + = 30
Okram Ibobi singh staked claim to form a govt.

Just before the elections, the Speaker :-
disqualified the 4 BJP (Congress*) MLAs who had returned to Congress.
While allowing the other three, still with BJP, to vote in the Rajya Sabha election.
His decision brought down the Congress tally to 26, at par with BJP, in a house now reduced to 52 members

BJP candidate Leishemba Sanajaoba won the Rajya Sabha election getting 28 votes while his Congress rival got 24
2 Congress votes – ???

10^th Schedule of the Constitution , added via the 52^nd Amendment Act, 1985.
An elected member of the house shall be disqualified from being a member if they win the election as a candidate of one party and then join another.
The power for this disqualification is vested in the Speaker, who is usually a nominee of the ruling party.
Grounds for disqualification
If an elected member gives up his membership of a political party voluntarily.
If he votes or abstains from voting in the House, contrary to any direction issued by his political party.
If any member who is independently elected joins any party.
If any nominated member joins any political party after the end of 6 months.

The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and his/her decision is final*.
Originally, the Act provided that the presiding officer’s decision was final and could not be questioned in any court of law.
In Kihoto Hollohan case (1993), the Supreme Court declared this provision as unconstitutional on the ground that it seeks to take away the jurisdiction of the SC and the high courts.
Presiding officer should function as a tribunal

Time taken for speaker’s decision??
Whether a High Court can direct a Speaker to decide a disqualification petition within a certain timeframe is pending before a Constitution Bench of the Supreme Court.
(2016 SA Sampath Kumar vs Kale Yadaiah )
January 2020 – Speakers of assemblies and the Parliament must decide disqualification pleas within a period of three months except in extraordinary circumstances.