Manipur Governor Has Decided On ECI Opinion Regarding Disqualification Of 12 BJP MLAs, State Tells Supreme Court

The State of Manipur today informed the Supreme Court that the Governor has passed a decision on the opinion given by the Election Commission of India regarding the disqualification of 12 BJP MLAs of Manipur Assembly in the "office of profit" issue.

The bench of Justices LN Rao, BR Gavai and BV Nagarathna while disposing of the petition in light of the State's submission in their order said,

"We are informed that an order has been passed by the Governor of Manipur. Therefore the Writ Petition is disposed of."

On November 11, 2021, Solicitor General of India had assured the Supreme Court that the Manipur Governor will take a decision soon.

Justice LN Rao, presiding judge of the bench, had asked the Solicitor General to use his good offices so that the same could be given.

"In January, an opinion was given by the Election Commission. According to Section 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 your good offices so that opinion is given so that they can be challenged," Justice Rao told the Solicitor General.

"I assure we'll do something and no direction will be required to be passed," Solicitor General replied.

Earlier, the Supreme Court had orally observed that the Governor of Manipur cannot delay taking a decision on the opinion given by the Election Commission of India regarding the disqualification of 12 BJP MLAs of Manipur Assembly in the "office of profit" issue.

A bench comprising Justices L Nageswara Rao, BR Gavai and BV Nagarathna made this observation after noting that the Governor is yet to take a decision on the opinion furnished by the Election Commission on January 13, 2021.

Senior Advocate Kapil Sibal, appearing for the petitioner, had submitted that the Governor could not keep the decision pending. He had highlighted that the term of the assembly was expiring within a month.

Senior Advocate Rajeev Dhavan had relied on Article 192 of the Constitution of India to submit that the opinion of the Election Commission was binding on the Governor.

"Election Commission's opinion is binding on the Governor. Only 1 month is left. You cannot challenge the decision of the Governor. You cannot attack the opinion of the EC," Senior Counsel had further submitted.

The writ petition had stated that 12 members of the Legislative Assembly of Manipur were appointed as Parliamentary Secretaries for the State of Manipur. The Offices titled as Parliamentary Secretary for the State of Manipur, are Offices of Profit, as the said appointment elevated the 12 members of the Legislative Assembly of Manipur to the rank and status of Minister of State and also entitled them to draw higher Salary and Allowances.

The 12 members of the Legislative Assembly, who were appointed and who accepted appointment as Parliamentary Secretaries, therefore, occupied Office of Profit and thus automatically incurred the disqualification under Article 191 of the Constitution of India and are not entitled to continue as Members of the Manipur Legislative Assembly, the petitioner had argued.

The petition was drawn by Advocate Shivendra Dwivedi and filed through Advocate on Record Rajesh Mahale.

Case Title: D.D Thaisii v. Election Commission of India | WP(C)151/2021

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