SC stops remuneration and voting for a Manipur MLA | India News
NEW DELHI: Returning to an interesting issue related to electoral litigation, the Supreme Court has detained Manipur MLA to receive salaries and allowances from the Assembly and prohibited him from voting while allowing him to participate in the debates of the home.
O Henry Singh was elected as a member of the Wangkhei constituency Assembly in the 2017 elections in a Congress ticket. Your closest contestant and BJP Candidate Y Erabot Singh contested his election before Manipur HC. When the HC raised the issues of law, the MLA Congress resigned and its resignation was accepted by the Assembly. Later, the HC annulled the congressional candidate’s elections and declared that Y Erabot Singh should be sworn in as Wangkhei’s MLA.
Henry Singh, through lead advocate Narender Hooda, told a bank of Judges UU Lalit, Indira Banerjee and KM Joseph that setting aside his client’s choice is one thing, but declaring Erabot Singh the winner is quite another. He argued that it cannot be said that Henry Singh’s votes would have to be erased from the polls and there is no guarantee that those votes would not have been cast in favor of other candidates in the fray.
Finding strength in Hooda’s argument and at the same time realizing that the Wangkhei constituency is now represented by Erabot Singh after being sworn in as an MLA, the bank said: “Having sworn in as an MLA, AND Erabot Singh will be entitled to represent electorate (of Wangkhei constituency) in the House and shall have the right to participate in the debates. However, he shall not have the right to cast any vote in the chamber of the House or in any committee of the House. to receive any monetary benefit with respect to the MLA charge. ”
In doing so, the court said: “Under normal circumstances, when the election of a returning candidate is annulled, by virtue of an interim order, he is afforded some protection. However, since Henry Singh had resigned from the Assembly, in By virtue of a provisional order (of the Supreme Court), he cannot be representing the cause of the electorate before the House. ”
The court said that this interim order would remain in effect until July 27, when the appeal filed by Henry Singh would be taken for final disposition. The CV ordered the sending of a copy of the order to the Mount Manipur for compliance.