Case Note & Summary
The appellant, Shri Kshetrimayum Biren Singh, was elected as a Member of the Manipur Legislative Assembly in March 2017 as a candidate of the Indian National Congress (INC). Disqualification petitions were filed under paragraph 2(1)(a) of the Tenth Schedule of the Constitution, alleging that he voluntarily gave up his INC membership and joined the Bharatiya Janata Party (BJP). The petitions relied on newspaper reports and photographs showing the appellant wearing BJP attire at a reception ceremony. The appellant denied the allegations, stating that newspaper reports were untrustworthy and that he never joined BJP. The Speaker of the Manipur Legislative Assembly, after hearing the matter, disqualified the appellant on 18.06.2020, relying on the newspaper reports and the appellant's failure to specifically deny their existence and authenticity. The High Court of Manipur upheld the disqualification, finding that the Speaker had sufficient material to infer voluntary abandonment of INC membership. The Supreme Court, in these appeals, considered whether the Speaker's order was valid. The Court noted that the appellant had not specifically denied the newspaper reports or the photographs, and that the Speaker had acted within his jurisdiction. The Court also addressed the issue of preponement of the hearing, observing that while the preponement was abrupt, the appellant had been given an opportunity to be heard and had filed a written statement. The Supreme Court dismissed the appeals, affirming the disqualification. The Court held that the Speaker's reliance on newspaper reports and photographs, in the absence of specific denial, was sufficient to conclude that the appellant had voluntarily given up his INC membership, incurring disqualification under the Tenth Schedule.
Headnote
A) Constitutional Law - Tenth Schedule - Disqualification - Voluntary Giving Up Membership - Paragraph 2(1)(a) of the Tenth Schedule, Article 191(2) of the Constitution of India - The Speaker disqualified the appellant based on newspaper reports and photographs showing him participating in BJP events, which the appellant failed to specifically deny. The High Court affirmed, holding that the Speaker had sufficient material to infer voluntary abandonment of INC membership. (Paras 13-15, 43-46) B) Evidence - Newspaper Reports - Admissibility - The Speaker relied on an original newspaper and other reports, which the appellant did not deny except stating they were untrustworthy. The court held that failure to deny existence and authenticity of reports allowed inference of voluntary giving up of membership. (Paras 14, 43-44) C) Natural Justice - Preponement of Hearing - The Speaker preponed the hearing from 22.06.2020 to 18.06.2020 without adequate notice. However, the High Court noted that the appellant had appeared and filed written statement, and the preponement was due to Supreme Court directions in Keisham Meghachandra Singh case. The court found no violation of natural justice as the appellant had opportunity to present his case. (Paras 10-12, 45)
Issue of Consideration
Whether the Speaker's order disqualifying the appellant under paragraph 2(1)(a) of the Tenth Schedule was valid based on newspaper reports and photographs, and whether the preponement of hearing violated principles of natural justice.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's judgment and the Speaker's order disqualifying the appellant under paragraph 2(1)(a) of the Tenth Schedule read with Article 191(2) of the Constitution of India.
Law Points
- Tenth Schedule
- Disqualification
- Voluntary giving up membership
- Newspaper reports as evidence
- Burden of proof
- Natural justice
- Preponement of hearing
