The Supreme Court orally said on Tuesday that the Governor of Manipur cannot wait to act on the Election Commission of India's opinion regarding the disqualification of 12 BJP MLAs from the Manipur Assembly over the "office of profit" problem.
This comment was issued by a bench consisting of Justices L Nageswara Rao, BR Gavai, and BV Nagarathna after observing that the Governor had failed to act on the Election Commission's January 13, 2021 opinion.
The panel was hearing a writ suit filed by D. D. Thaisii, a Congress MLA from Manipur, who sought to have these 12 MLAs disqualified since they were serving as Parliamentary Secretaries which amounted to "offices of profit".
The petitioner's senior advocate, Kapil Sibal, argued that the Governor could not keep the decision waiting. He emphasised that the assembly's tenure was coming to an end in less than a month.
"The Election Commission binds the Constitutional Authority, therefore he cannot state that he will not deliver the opinion.
He isn't fulfilling his constitutional duties if he isn't transmitting. After a month, the game will be done. We have a right to know what the public's view is. We should be aware of the activities of the Constitutional Authority in the country "Senior Counsel was added to the mix. "We agree with you...he cannot avoid the ruling," said Justice Rao, the bench's chief judge.
Senior Advocate Rajeev Dhavan, standing for one of the respondents, argued that the Election Commission's verdict is obligatory on the Governor under Article 192 of the Indian Constitution.
The Governor is bound by the EC's opinion. There is only one month remaining. You are unable to appeal the Governor's decision. Senior Counsel went on to say, "You cannot criticise the EC's opinion." There have been situations, according to Justice Rao, where the Court has pushed the Governor to make a time-bound judgement.
The judge cited the instance of the Rajiv Gandhi assassination case convict Perarivalan, in which the Tamil Nadu Governor was requested to decide on the State Government's suggestion for the remission of his sentence.
On an application submitted by the petitioner seeking the presentation of the Governor's decision before the court, the bench issued notice to the Secretary of the Governor.
According to the writ suit, 12 members of the Manipur Legislative Assembly were appointed as Parliamentary Secretaries for the State of Manipur. The offices of the Parliamentary Secretary for the State of Manipur are profit-making offices, since the appointment elevated the 12 members of the Legislative Assembly of Manipur to the position and status of Minister of State, as well as allowing them to receive greater salaries and allowances.
The 12 Legislative Assembly members that were appointed and accepted their positions 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 argued.