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The Supreme Court today issued notice in plea challenging a Manipur High Court order, which upheld the decision of Speaker, Manipur Legislative Assembly, disqualifying Kshetrimayum Biren Singh, Yengkhom Surchandra Singh and Sanasam Bira Singh, who allegedly joined hands with the Ruling Party for strengthening coalition Govt. led by BJP. 
Three MLAs from Manipur have approached Supreme Court challenging a decision of the Manipur High Court which had upheld the Manipur Assembly Speaker's decision to disqualify them for defecting from the Indian National Congress (INC) and join the Bharatiya Janata Party (BJP)

A Division Bench of Justice UU Lalit and Justice Ajay Rastogi, while issuing notice in the plea, orally remarked that disqualification had nothing to do with flaunting insignia of ruling party.

“You are saying that only because they were wearing a cap with insignia of the ruling party and there are media reports - disqualification is permissible?,” Court asked at the outset.

Submissions were made by Ld. Senior Counsel Mukul Rohatgi for the Appellants, and,

Ld. AAG Lenin Singh for the Speaker, Manipur Legislative Assembly.

Mr. Rohatgi’s submissions were twofold:

(1) There cannot be a disqualification under the X Schedule merely on the basis of Newspaper reports

(2) There can be no admission of electronic evidence, DVD in the present case, without a certificate under Section 65B of the Evidence Act, 1872.

“There is no appeal from the decision of the Speaker, there is only Writ Petition as settled by Kihoto Hollohan – He is obliged to consider relevant details – neither has he taken into consideration relevant facts nor the High Court,” added Ld. Senior Counsel Mukul Rohatgi.

During the course of hearing the bench sought clarification on if the newspaper reports were authentic and can be made sole basis of disqualification.

“You want us to accept that if necessary averments in the original plaint is not denied, an inference otherwise can be drawn,” Court asked AAG Lenin on the submission that denial made by Appellants before the High Court were evasive and therefore their presence at the event organised by ruling party members, substantiated by newspaper reports, can be very well inferred.

The Manipur High Court while upholding the Speaker's decision of disqualification, observed,

"In the absence of denial by the writ petitioner of the existence and authenticity of the newspapers and as there is also no denial of the reports made in the newspapers about the factum of the writ petitioner participating in the reception ceremony organised by the BJP and being facilitated by the BJP leaders on his voluntarily giving up the membership of the Indian National Congress Party and joining the BJP, the question of admissibility of the reports contain in the newspapers as a piece of evidence has virtually lost its relevance. Accordingly, we are also of the considered view that the judgment of the Hon'ble Apex Court cited by the learned Senior counsel for the petitioner has also no application in the facts and circumstances of the present case."

The MLAs were disqualified on the ground of voluntarily giving up their membership to support BJP, for formation of a Coalition Govt. in the State.

It was also alleged that appellants with some other INC leaders were facilitated at a reception ceremony on July 15, 2017, by the Chief Minister of Manipur, Shri N. Biren Singh, covered by various Newspapers.

Appellants were disqualified on account of defection under Para 2(1) of the X Schedule.

The matter is listed next for hearing on September 29, 2021.

Case Title: Kshetrimayum Biren Singh v. Speaker, Manipur Legislative Assembly and Ors