MPP questions validity of MLAs

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IMPHAL, June 19: The MPP senior leader O Joy today accused the state Governor of violating Clause (1) Article 180 of the Indian Constitution in appointing a Protem Speaker while an elected Speaker was still in his office.

O Joy said this while talking to journalists at the MPP office here.

He said, the 9th Manipur Legislative Assembly was dissolved by an order of Governor Gurbachand Jagat on March 12 last under the provision of Sub-clause (b) of the Clause (2) of Article 174 of the Constitution.

Subsequently, the Governor purportedly under provision of Clause (1) of Article 180 of the Constitution appointed L Nandakumar, MLA as the Protem Speaker of the Tenth Manipur Legislative Assembly on March 13, 2012 to perform the duty of the office of the Speaker for election of the Speaker of the said Assembly, the MPP leader added.

He added, on March 13 afternoon, consequent to the appointment of Nandakumar, MLA as the Portem Speaker of the Assembly, the then Speaker of the Ninth Legislative Assembly, I Hemochandra vacated his office.

However, as per Article 179 of the Constitution, it reads, “Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after dissolution,” Joy mentioned.

At the same time, according to Clause (1) of Article 180 of the Constitution, it is said, “While the office of the Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of the deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose,” he quoted.

Joy added, while in Article 188 it is mentioned, “Every Member of the Legislative Assembly or the Legislative council of a state shall, before taking his seat, make and subscribe before the Governor, or some persons appointed on that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

In the above circumstances, Joy maintained that it is on record and crystal clear that on March 13, 2012, the Governor of Manipur exercised the power under Clause (1) Article 180 in appointing a Protem Speaker while an elected Speaker of the Assembly had not vacated his office.

The acts of the Governor in this context will amount to the breach of relevant provisions of the Indian Constitution and it is also unprecedented, Joy said, adding that it is also unfortunate to note that a response to the representation submitted on May 28, 2012 in the this connection to the state Governor has not yet been received.

It may be mentioned here that the annual budget session this year is set to commence on June 27.

Right from the start, the budget session would be haunted with the question whether the representatives sworn in by the Protem Speaker Laishram Nandakumar could really be called MLAs or whether the Speaker (Th Lokeshwar Singh) elected by the ‘so-called’ MLAs could really hold the exalted post of the Speaker and conduct the business of the House.

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