Final hearing for PIL on Parliamentary Secretary fixed for August 19

IMPHAL, July 26: The final hearing for the PIL challenging the appointment of five Parliamentary Secretaries will be conducted on August 21.
The PIL which is assigned case number 10 of 2012, was petitioned by Dr. Khomdon Singh Lisam to the then Gauhati High Court , Imphal Bench. It challenged the appointment of the present 10th Manipur Legislative Assembly candidates made on 6th Oct 2012, as Parliamentary Secretaries in the SPF Government.

The PIL challenged the institution of the five MLAs as Parliamentary secretaries. The hearing of the case was conducted on January 1, 2013. The Court issued a notice calling upon the respondents  to show cause as to why a rule as prayed for should not be issued or why such further or other orders should not be passed as to this Court may seem fit and proper.

Aside from the main respondents, another five namely the State represented by the Chief Secretary,Secretary of Manipur Legislative Assembly, Principal Secretary (Finance), Secretary to the CM, Deputy Secretary (Law) are also respondents in the PIL.

According to the Court, the Court served a show cause notice to the respondents and they are being represented by the Advocate General of Manipur who submitted a relevant affidavit in opposition. The case continued and was the first one to be heard after the inauguration of the High Court of Manipur on its first day. It was listed on March 25, 2013 before the bench of the Chief Justice and Justice N Kotishwor Singh. The AG prayed for further extension of time which the HC had granted.

With the case  hearing being kept on postponement, the PIL of the petitioner on April 18, 2013 made another petition for an interim application praying for passing an effective interim order as per order of the High Court of Manipur dated January 17, 2013 passed in the PIL case number 10 of 2012.

The interim order prayed to stay the order of appointment of the five parliamentary secretaries.

The case was listed today at the High Court of Manipur where the advocate representing the petitioner prayed for passing of the interim order. The Chief Justice after listening to the prayer fixed the final hearing on August 19, 2013. The advocate representing the respondents also prayed that he would be out of station during the said time. His prayer was also admitted and later, the date of hearing was fixed on August 21, 2013.

It may be mentioned that according to the 91st Amendment of the Constitution of India, Article 164(1) A mentions that the ministerial berth(s) of a state is fixed at 15 percent.

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Courtesy:ISTV Imphal


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