PIL against parliamentary secretary appointment referred to Supreme Court
Headlines 11:16
IMPHAL, August 21: The hearing of the Public Interest Litigation (PIL) case filed with the High Court of Manipur challenging the State Government’s order to induct five MLAs as Parliamentary Secretaries into the 10th Manipur Legislative Assembly has been extended for another two weeks.
The PIL case No 10 of 2102 was filed by petitioner Dr Khomdon Singh Lisam.
It was filed with the then Gauhati High Court/Imphal Bench in 2012 which the court had admitted the petition and further proceeding of the case was rested on the High Court of Manipur.
However, while the PIL case was in process, the Government of Manipur had issued an order on October 6, 2012 deciding to induct the five MLAs as Parliamentary Secretaries.
On the other hand, the petitioner along with seeking a stay order against the order of the government had filed an Interim Application with the court on April 18, 2013 where further proceeding of the case is still going on.
A Division Bench of High Court of Manipur comprising Chief Justice Abhay Manohar Sapre and Justice N Kotiswar on July 26, 2013 had tried to fix the final hearing of the case on August 19, 2013.
In another development of the case, one of the respondents of the case namely Th Ibohal Singh, Advocate General, Manipur had requested to fix the final hearing of the case on August 21, as he would be out of station on August 19 following which, the court had accepted his prayer and thus the date of the final hearing of the case was fixed for August 21.
Apropos the decision of the court, further proceedings of the case was included in the Division Bench of the court’s “cause list” this morning.
However, the Division Bench of the court in its proceeding decided to refer the case to Supreme Court of India concluding that the judgement of the Supreme Court would be the final.
When questioned by the petitioner’s counsel on why the case should be transferred to the Supreme Court, the court replied that such case had occurred in Nagaland and Assam and that the same case was referred to the Supreme Court for final judgement.
Replying to this, the counsel expressed that the judgement of the Division Bench of the court to refer the case to the Supreme Court might be based on ‘’Infructuous’’ reason and further sought before the court to give two weeks time so as to enable to file related documents of the case.
Even though the court had heard the appeal and gave two weeks time to the counsel, a definitive stance on the case is still vague.
It may be mentioned that the respondents of the case included the State of Manipur represented by the Chief Secretary, Government of Manipur; Secretary, Manipur Legislative Assembly; Principal Secretary, Government of Manipur, Secretary to the Chief Minister, Manipur; Deputy Secretary (Law), Government of Manipur and the five MLAs Parliamentary Secretaries namely Keisham Meghachandra Singh, Mairembam Prithiviraj Singh, Victor Keishing, Vungzagin Valte and Md Amin Shah.
The PIL case No 10 of 2102 was filed by petitioner Dr Khomdon Singh Lisam.
It was filed with the then Gauhati High Court/Imphal Bench in 2012 which the court had admitted the petition and further proceeding of the case was rested on the High Court of Manipur.
However, while the PIL case was in process, the Government of Manipur had issued an order on October 6, 2012 deciding to induct the five MLAs as Parliamentary Secretaries.
On the other hand, the petitioner along with seeking a stay order against the order of the government had filed an Interim Application with the court on April 18, 2013 where further proceeding of the case is still going on.
A Division Bench of High Court of Manipur comprising Chief Justice Abhay Manohar Sapre and Justice N Kotiswar on July 26, 2013 had tried to fix the final hearing of the case on August 19, 2013.
In another development of the case, one of the respondents of the case namely Th Ibohal Singh, Advocate General, Manipur had requested to fix the final hearing of the case on August 21, as he would be out of station on August 19 following which, the court had accepted his prayer and thus the date of the final hearing of the case was fixed for August 21.
Apropos the decision of the court, further proceedings of the case was included in the Division Bench of the court’s “cause list” this morning.
However, the Division Bench of the court in its proceeding decided to refer the case to Supreme Court of India concluding that the judgement of the Supreme Court would be the final.
When questioned by the petitioner’s counsel on why the case should be transferred to the Supreme Court, the court replied that such case had occurred in Nagaland and Assam and that the same case was referred to the Supreme Court for final judgement.
Replying to this, the counsel expressed that the judgement of the Division Bench of the court to refer the case to the Supreme Court might be based on ‘’Infructuous’’ reason and further sought before the court to give two weeks time so as to enable to file related documents of the case.
Even though the court had heard the appeal and gave two weeks time to the counsel, a definitive stance on the case is still vague.
It may be mentioned that the respondents of the case included the State of Manipur represented by the Chief Secretary, Government of Manipur; Secretary, Manipur Legislative Assembly; Principal Secretary, Government of Manipur, Secretary to the Chief Minister, Manipur; Deputy Secretary (Law), Government of Manipur and the five MLAs Parliamentary Secretaries namely Keisham Meghachandra Singh, Mairembam Prithiviraj Singh, Victor Keishing, Vungzagin Valte and Md Amin Shah.
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