- NET Web Desk
The Supreme Court on Tuesday made an observation on the opinion forwarded by the Election Commission of India (ECI) on the BJP legislators from Manipur, who were facing disqualification in a 2018 ‘office of profit’ case for holding the position of parliamentary secretaries.
According to the apex court, Manipur Governor cannot delay on undertaking a decision, based on opinion forwarded by the ECI.
A bench comprising of Justices L Nageswara Rao, BR Gavai, and BV Nagarathna, made the observation while hearing a writ petition filed by D. D. Thaisii, Congress MLA from Manipur.
“The Constitutional Authority bound by the Election Commission cannot say that he will not convey the opinion. If he’s not conveying, he’s not discharging his constitutional obligation. 1 month will pass & the game will be over. We’re entitled to know what the opinion is. We should know what the Constitutional Authority is doing in the country,” – informed the Senior Counsel.
It is pertinent to note that the ECI based its opinion on Article 191(1) of the Constitution. According to the concerned Article, a person can be disqualified as MLA “if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder”.
