HC admits Nipamacha's plea against Speaker's order

IMPHAL, February 22: The principal bench of the Gauhati High Court on Tuesday allowed a petition filed by Ex-Chief Minister Wahengbam Nipamacha and 31 other MLAs of Manipur State Congress Party challenging the order of the Speaker which rejected the resolution moved by a notice on November 18 last year by these MLAs for the removal of the Speaker. According to a leal source available here, 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 last year's notice moved by MLAs again before the Manipur Assembly. Appearing for the petitioners Senior Advocate of the High Court Ahanthem Nilamani, 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 Article 179 and 181 of the Constitution. Therefore, the High Court in exercise of the powers under Article 226 of the Constitution can judicially examine the Speaker's decision. On the other hand supporting the Speaker's decision, Senior, Advocate Ashok Potshangbam argued before the Court that the Speaker had exercised his powers as per the provisions of law and the order of the Speaker dated December 5 last year, cannot be subjected to judicial review. Ranjan Gogoi who appeared on behalf of the Secretary of the Manipur Legislative Assembly Thokchom Chourajit, 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 his authority to pass an order rejecting a no-confidence motion moved against himself and as such the order of the Speaker can not be said to be illegal and arbitrary.