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New Delhi, March 18
In a rare move, the Supreme Court on Wednesday invoked its plenary powers and ordered forthwith the removal of BJP lawmaker and Manipur Forest Cabinet Minister Thounaojam Shyamkumar, restraining him from entering the Assembly till further orders.
Switched sides
Shyamkumar won the Assembly poll in 2017 as Cong candidate but later joined the BJP government
The pleas for his disqualification are pending with Speaker
For 60-seat Manipur Assembly poll, Cong had won 28 seats and BJP 21
The top court rarely invokes its plenary powers under Article 142 of the Constitution to remove a Cabinet minister from any government. Shyamkumar had won the Assembly elections in 2017 as a Congress candidate but later joined the BJP government. The plea of his disqualification is still pending with the Speaker.
The top court had on January 21 taken note of inordinate delays in deciding 13 pleas for disqualification of lawmakers pending since April 2017 and had asked the Manipur Assembly Speaker to decide within four weeks the plea of a Congress leader seeking disqualification of Shyamkumar.
The Speaker on Tuesday appealed to the top court for deferment of the matter till March 28. A Bench of Justices R F Nariman and S Ravindra Bhat said that given the extraordinary facts in the present case, “We are constrained to use our powers under Article 142 of the Constitution of India.”
“Respondent Number-3 (Shyamkumar) is restrained from entering the Legislative Assembly till further orders of this court. Needless to add, he will cease to be a Minister of the Cabinet immediately,” the Bench said, posting the matter for further hearing on March 30.
The top court said that in its January 21 verdict, it had gone out of the way to give the Speaker a chance to perform his functions under the Tenth Schedule of the Constitution by stating, “given the fact that such a long period had already gone by without any decision, one month should suffice for the Honourable Speaker to decide the disqualification petitions before him.”
It said after one month expired, an application was filed by the Speaker requesting for eight more weeks in order to decide the cases before him. The top court said that on March 4, when the matter was taken up for hearing, the Speaker had not pressed his application and stated that a decision would be forthcoming within 10 days from that date. It said that when the matter was taken up today, Solicitor General Tushar Mehta appeared for the Speaker and sought deferment of the matter till March 28, saying that by that time, definitely, there would be a judgment on the aforesaid disqualification applications by the Speaker.
Mehta also said that March 28 had been notified for pronouncement of judgment by the Speaker on the disqualification plea. Senior advocate Kapil Sibal, appearing for the petitioner, Congress leader Keisham Meghachandra Singh, said the court should decide the disqualification pleas as even after the one month period given, an application for adjournment of eight weeks had come up followed by prayer for 10 days time.
In the 60-member Assembly, Congress had won 28 seats and the BJP 21, even then the latter managed to form its government. — PTI
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