Unconstitutional of Manipur governor to protect BJP: Rahul Gandhi

1 month ago 25
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Rahul Gandhi

on Tuesday alleged that Manipur governor

Najma Heptulla

was not taking a decision on a plea for disqualification of 12 BJP MLAs in the state, despite the EC having conveyed its opinion in this regard.
“12 BJP Manipur MLAs should have been disqualified in 2018 in office of profit case. Now, ECI says that

Manipur governor

has already been instructed about the same but no action has been taken yet…Entirely unconstitutional of the governor to protect BJP,” Gandhi said in a tweet.
Meanwhile, some media reports indicated that EC has, in its opinion conveyed to the Manipur governor, not found any ground for disqualification of the BJP MPs. EC, however, refused to confirm this, with its spokesperson tweeting that “ECI never discusses a privileged communication”.
All communications by EC to a constitutional authority, including its opinion in office of profit cases forwarded by the President/governor, are treated as “privileged”.
Earlier in the day, Gandhi interacted with a delegation of Manipur Congress MLAs to discuss the danger to democracy in the state.

Manipur high court

had declared two state Acts - Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 and the

Manipur Parliamentary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Act, 2018 – as unconstitutional on September 17, 2020. Later, Congress had approached Heptulla seeking disqualification of 12 MLAs appointed as parliamentary secretaries, for enjoying office of profit from 2017 onwards. In October, Heptulla sought the EC's views in this regard.
However, sources said the chances of these MLAs attracting disqualification appear slim as the aforesaid laws were in existence when they held the office of the parliamentary secretary.

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