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SC Restrains Manipur BJP Minister From Entering Legislative Assembly Till Further Orders [Read Order]

LIVELAW NEWS NETWORK
18 March 2020 12:22 PM GMT
SC Restrains Manipur BJP Minister From Entering Legislative Assembly Till Further Orders [Read Order]
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"Needless to add, he will cease to be a Minister of the Cabinet immediately. "

The Supreme Court has restrained Manipur BJP minister Thounaojam Shyamkumar from entering the Legislative Assembly till further orders. The bench of Justice Rohinton Fali Nariman and Justice S. Ravindra Bhat, also added that he will cease to be a Minister of the Cabinet immediately. Earlier, the Court had directed the Speaker to take a decision on the pending disqualification...

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The Supreme Court has restrained Manipur BJP minister Thounaojam Shyamkumar from entering the Legislative Assembly till further orders.

The bench of Justice Rohinton Fali Nariman and Justice S. Ravindra Bhat, also added that he will cease to be a Minister of the Cabinet immediately.

Earlier, the Court had directed the Speaker to take a decision on the pending disqualification petitions within a period of four weeks from the date when the judgment is intimated to him. After one month expired, the Speaker filed a Miscellaneous Application and requested for eight more weeks in order to decide the cases before him, which was later not pressed. A Cross Miscellaneous Application was also filed requesting the Court to decide disqualification petitions itself.

When the matter came up before the bench today, Solicitor General requested the Court to defer the matter till 28th March, 2020, by which time, he said, there would be a judgment on the disqualification applications by the learned Speaker. After hearing the Solicitor General and Senior Advocate Kapil Sibal (who opposed the plea to defer the matters), the bench ordered thus:

Having heard learned senior counsel for both the parties, given the extraordinary facts in the present case, we are constrained to use our powers under Article 142 of the Constitution of India. Respondent No. 3 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 has posted the matter for further consideration on 30th March,2020.


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