GUWAHATI: The Supreme Court on Thursday decided not to pass the order after the Solicitor General of India assured the court that the Governor of Manipur would soon follow the opinion given by the Election Commission regarding the disqualification of 12 BJP MLAs last January. Will decide State in case of office of profit.
solicitor General Tushar Mehta assurance given before the Bench of Justice Took Nageswara Rao, Justice BR Gavai and Justice BV Nagarathna.
“In January, an opinion was given by the Election Commission. As per Article 192, the Governor has to go with the decisions. In 11 months, nothing has happened. We don’t want to pass an order, but please do your good offices. So that opinion is given,” Justice Rao told the Solicitor General.
The Solicitor General replied, “I assure that we will do something and there will be no need to pass any direction.”
The Supreme Court on Tuesday ordered that notice be sent to the Secretary to the Governor of Manipur on an application filed by a Congress MLA. DD Thais With regard to the opinion of the Election Commission on the disqualification of 12 BJP MLAs from the State because they were holding an “office of profit” as Parliamentary Secretary.
Appointment of MLAs Manipur Parliamentary Secretary (appointment, Salary And allowance and Miscellaneous Provisions) Act, 2012 but in 2018, the State Government issued a notification to give effect to the Manipur Parliamentary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repeal Act, 2018, which made the posts of Parliamentary Secretaries from the purview of ” Exempted “office of profit”. Two years later in September, the Manipur High Court struck down the two laws as invalid and unconstitutional.
Thereafter, Thassey petitioned the Governor for the decision of disqualification of the 12 MLAs under Article 191(1) of the Constitution. The Governor referred the petition to the Election Commission for its opinion. Under the Constitution, the governor of a state is empowered to decide on the disqualification of legislators, but is required to obtain the opinion of the Election Commission first. The commission submitted its opinion to the governor last January, but no decision has been delivered.
solicitor General Tushar Mehta assurance given before the Bench of Justice Took Nageswara Rao, Justice BR Gavai and Justice BV Nagarathna.
“In January, an opinion was given by the Election Commission. As per Article 192, the Governor has to go with the decisions. In 11 months, nothing has happened. We don’t want to pass an order, but please do your good offices. So that opinion is given,” Justice Rao told the Solicitor General.
The Solicitor General replied, “I assure that we will do something and there will be no need to pass any direction.”
The Supreme Court on Tuesday ordered that notice be sent to the Secretary to the Governor of Manipur on an application filed by a Congress MLA. DD Thais With regard to the opinion of the Election Commission on the disqualification of 12 BJP MLAs from the State because they were holding an “office of profit” as Parliamentary Secretary.
Appointment of MLAs Manipur Parliamentary Secretary (appointment, Salary And allowance and Miscellaneous Provisions) Act, 2012 but in 2018, the State Government issued a notification to give effect to the Manipur Parliamentary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repeal Act, 2018, which made the posts of Parliamentary Secretaries from the purview of ” Exempted “office of profit”. Two years later in September, the Manipur High Court struck down the two laws as invalid and unconstitutional.
Thereafter, Thassey petitioned the Governor for the decision of disqualification of the 12 MLAs under Article 191(1) of the Constitution. The Governor referred the petition to the Election Commission for its opinion. Under the Constitution, the governor of a state is empowered to decide on the disqualification of legislators, but is required to obtain the opinion of the Election Commission first. The commission submitted its opinion to the governor last January, but no decision has been delivered.
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