Manipur Governor's decision soon on EC's opinion regarding disqualification of 12 BJP MLAs
Agency
11 November, 2021
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The Supreme Court on Thursday was informed by the Solicitor General of India Tushar Mehta that the Manipur Governor will take a decision soon 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 assurance was given by Solicitor General of India Tushar Mehta before the bench of Justices LN Rao, BR Gavai and BV Nagarathna. The bench pointed out to the Solicitor General that the ECI had furnished the opinion on January 13 this year and the governor has to take a decision on the poll panel’s opinion.
The bench was hearing a writ petition filed by D. D. Thaisii, Congress MLA from Manipur, who sought for disqualification of these 12 MLAs on the ground that they were holding the posts of Parliamentary Secretaries, which amounted to "offices of profit".
Earlier, on November 9, 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.
Senior Advocate Kapil Sibal, appearing for the petitioner, had submitted that the Governor cannot keep the decision pending. He had highlighted that term of the assembly was expiring within a month.
Senior Advocate Rajeev Dhavan, appearing for one of the respondents, had relied on Article 192 of the Constitution of India to submit that the opinion of Election Commission was binding on the Governor.
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