The Apex Court expressed its dissatisfaction over the delay by the Manipur Government regarding the decision of the disqualification of 12 legislators of the BJP led coalition from the Manipur Assembly for allegedly holding the post of parliamentary secretaries. The Bench consisted of Justices B.R.Gavai, B.V.Nagarathna, and L.Nageshwara Rao. Justice Nageshwara Rao sharply stated thus, 'Governor cannot sit over an opinion indefinitely. There has to be a decision made.'
L.Ganesh was posted as the Governor of Manipur this year. The petition was filed by a D.D. Thaisii stated that his (Thaisii's) fundamental right as an elector and citizen of the Manipur is violated by the long and much delay of the disposing of the application submitted under Article 192 of the Indian Constitution. (Article 192 of the Constitution of India - authorizes the Governor to make the final decision on disqualification of a member, subject to the opinion of the Election Commission.) The petition further states that the Election Commissioner of India does not carry out his constitutional duty.
The 12 legislators were appointed as parliamentary secretaries for the state of Manipur in the exercise of powers mentioned under Section 3 of the Manipur Parliamentary Secretaries Act of 2012. The Parliamentary Secretary for Manipur is the Office of Profit as the appointment placed the members to a higher rank and status of the Minister of State. The position also entitled them to gain higher salaries and allowances as mentioned to a Minster of a state under the Salaries and Allowances of Ministers Act, 1972 .
Under the Salaries and Allowances of the Ministers Act, 1972 a minister of the State of Manipur was entitled to receive a sum of 26K per month apart from free residence and other allowances etc. The financial benefit of 12 members of the Manipur Legislative Assembly who were appointed as Parliamentary Secretaries is beyond doubt and obvious. The 12 members of the Legislative Assembly who were appointed occupied an Office of Profit and thus incurred the disqualification under Sub Clause (a) of Clause (1) of Article 191 of the Indian Constitution. They are not entitled to continue their tenure as members of the Manipur Legislative Assembly. It is to be noted that their seats are vacant under Sub Clause (a) of Clause (3) of Article 190 of the Indian Constitution.
Tags : #supremecourt, #manipur, #manipurlegislativeassembly, #electioncommissioner, #indianconstitution, #fundamentalright, #petition, #apexcourt, #justicenageshwararao, #justiceb.v.nagarathna