Manipur Governor to expeditiously decide on disqualification of 12 BJP MLAs: SG assures SC

Manipur Governor La Ganesan will expeditiously decide on the disqualification of 12 BJP MLAs in the alleged 'office of profit' case, Solicitor General Tushar Mehta assured the Supreme Court on Thursday. Congress MLA DD Thaisii had moved the SC seeking their disqualification for allegedly holding "office of profit". During the hearing, the Apex Court bench comprising Justices LN Rao, BR Gavai and BV Nagarathna observed that the Governor could not delay taking a call on this matter as the Election Commission of India had already furnished its opinion on January 13, 2021.

"In January, an opinion was given by the Election Commission. According to Article 192(of the Constitution), the Governor has to go with the decisions. In 11 months, nothing has happened. We don't want to pass an order but please use your good offices so that opinion is given so that they can be challenged," the SC told Tushar Mehta.

Congress alleges 'office of profit

As per the Constitution, an MP/MLA/MLC cannot hold any office of profit under the state or the Central government. While a Ministerial berth is an exception to this rule, some states including Manipur also provided legal cover for the post of Parliamentary Secretary. As the total number of Ministers in the state has to be within 15 per cent of the strength of the Assembly, many state governments have been inclined to appoint certain MLAs as Parliamentary Secretaries.

The present controversy arose when 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 were declared unconstitutional by the Manipur High Court in a verdict dated September 17, 2020. Subsequently, Congress approached the then Manipur Governor Najma Heptulla seeking the disqualification of 12 BJP legislators appointed as Parliamentary Secretaries for enjoying office of profit from 2017 onwards. In October 2020, Heptulla sought the EC's views in this regard.

However, the chances of these MLAs attracting disqualification appear slim as the aforesaid laws were in existence when they held the office of Parliamentary Secretary. At present, there are 15 Congress MLAs in the 60-member Manipur Assembly whereas the state government has the support of 37 MLAs which includes 27 BJP legislators. The Manipur Assembly election will take place early next year. 

(Image: PTI/La Ganesan/Facebook)