Supreme Court Orders Prompt Disqualification Decisions

The Supreme Court directed the Speaker of the Manipur Legislative Assembly to decide the disqualification petitions within four weeks. Failure to do so would allow parties to seek further directions from the Court. The Court partially allowed the appeals and recommended potential constitutional amendments to assign disqualification decisions to an independent tribunal for impartiality and efficiency.

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Issues Involved:
1. Whether the Speaker of the Manipur Legislative Assembly failed to discharge duties under the Tenth Schedule.
2. Whether Respondent No. 3 incurred disqualification under paragraph 2(1)(a) of the Tenth Schedule.
3. Whether the High Court can issue an order disqualifying Respondent No. 3 or a writ of quo warranto.

Detailed Analysis:

1. Failure of the Speaker to Discharge Duties:
The Supreme Court examined whether the Speaker of the Manipur Legislative Assembly failed to discharge duties by not deciding the disqualification petitions filed against Respondent No. 3. The Court noted that the Speaker is a quasi-judicial authority required to decide such petitions within a reasonable time, which should be much less than the five-year term of the Assembly. The High Court had held that judicial review is permissible if the Speaker fails to act within a reasonable time, as this constitutes a deliberate inaction or indecision. The Supreme Court agreed, emphasizing that the Speaker must decide disqualification petitions within three months to adhere to the constitutional objective of the Tenth Schedule.

2. Disqualification of Respondent No. 3:
The Court analyzed whether Respondent No. 3, who was elected as a member of the Congress Party but later became a Minister in a BJP-led government, incurred disqualification under paragraph 2(1)(a) of the Tenth Schedule. The High Court found that the unequivocal conduct of Respondent No. 3 in joining the BJP-led government implied voluntary giving up of Congress Party membership, attracting disqualification. The Supreme Court upheld this view, citing the case of Ravi S. Naik v. State of Maharashtra, which established that voluntary giving up of party membership could be inferred from conduct.

3. Judicial Review and Writ of Quo Warranto:
The Supreme Court considered whether the High Court could issue an order disqualifying Respondent No. 3 or a writ of quo warranto. The High Court had declined to grant such relief, awaiting the Supreme Court's decision on whether judicial review could direct a Speaker to decide disqualification petitions within a specific timeframe. The Supreme Court clarified that judicial review is permissible to ensure the Speaker's prompt decision but does not extend to issuing a writ of quo warranto directly. The Court emphasized that disqualification must first be decided by the Speaker, the exclusive authority under the Tenth Schedule.

Conclusion:
The Supreme Court set aside the High Court's judgment and directed the Speaker of the Manipur Legislative Assembly to decide the disqualification petitions within four weeks. The Court held that if no decision is forthcoming within this period, the parties may seek further directions from the Supreme Court. The appeals were partly allowed, and the Court suggested that Parliament consider amending the Constitution to entrust disqualification decisions to an independent tribunal rather than the Speaker, to ensure impartiality and swift resolution.

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