Court admits writ challenging resolution rejection, order

GUWAHATI, February 21: The Gauhati High Court today allowed a petition filed by W Nipamacha Singh and 31 other Manipur MLAs challenging the order of the Manipur Speaker which rejected the resolution moved by a notice on November 18 last year by these MLAs for the removal of the Speaker. Quashing the Speaker's said rejection order dated December 5, 2000, Justice AK Patnaik of the High Court directed the placing of the November 18, 2000 notice moved by the MLAs, again before the Manipur Assembly (unless withdrawn by the petitioners). Appearing for the petitioner MLAs, Nilamani Singh, Senior Advocate, argued that the decision of the Speaker was violative of the rights of the MLAs to move a resolution of no-confidence against the Speaker. Besides, the said decision of the Speaker was also contrary to the provisions of Articles 179 and 181 of the Constitution. Therefore, the High Court in exercise of the powers under Article 226 of the Constitution of India can judicially examine the Speaker's decision. Supporting the Speaker's decision, Ashok Potsangbam argued before the court that the Speaker had exercised his powers as per the provisions of law and the decision of the Speaker dated December 5, 2000, cannot be subjected to judicial review. Ranjan Gogoi, Senior Advocate appearing on behalf of the Manipur Legislative Assembly Secretary, indicated, by referring to the Constitutional provisions and rules of procedure of the House, that there was no express provision of law denying the Speaker the authority to pass an order rejecting a no-confidence motion moved against the himself and as such the decision of the Speaker can not be said to be illegal and arbitrary.