High Court of Manipur on Surjakumar Okram, DD Thaisi & others as Petitioners Versus 12 MLAs and others as Respondents. The judgment and order of the Division Bench of the High Court has pronounced that the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 and the Manipur Parliamentary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Act, 2018 are both invalid and unconstitutional.
Congress MLA K. Meghachandra said that party has moved Governor under article 192 to disqualify the MLAs. “Many other Parliamentary Secretaries Acts were already quashed and pronounced unconstitutional by the respective high courts in other states of India in the recent past. For Manipur, due to the High Court’s judgment, the main Act 2012 Act and its Repealing Act 2018 on Parliamentary Secretaries stand invalid and unconstitutional.”
He added that BJP led coalition government is proved to have committed illegal and unconstitutional acts in appointing the 12 MLAs as Parliamentary Secretaries in 2017. “ The Congress party had strongly protested in the Manipur Legislative Assembly against the Repealing Act of 2018 and its saving clause. BJP Government wanted to protect the illegal acts in appointing the 12 Parliamentary Secretaries by inserting the saving clause, but the Manipur High Court completely quashed the Repealing Act as a whole. Today, the high court’s order vindicates the illegality and unconstitutionality done by the BJP Government in Manipur.”
He added that the state government must resign on moral ground and all the 12 illegally appointed MLAs as Parliamentary Secretaries must be disqualified. “ The 12 MLAs who were Parliamentary Secretaries must be disqualified because they enjoyed office of profit from 2017 onwards and during their tenure as Parliamentary Secretaries. The office of profit comes in because their salaries, allowances were withdrawn from GAD (General Administrative Department), Manipur. Official vehicles, staffs and drivers and office rooms were allotted to them by GAD, Government of Manipur. Therefore, under Article 191 (1)(a) of Constitution of India, all those 12 MLAs shall be disqualified as they held office of profit. The Congress party is going to submit the representation for the disqualification of the 12 MLAs under Article 192 of Constitution of India to Governor of Manipur.”