Despite the Election Commission's suggestion, the governor cannot delay the decision


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The governor could not delay the Election Commission's decision to disqualify the MLAs, the apex court said in a statement. It has suggested disqualification of 12 BJP MLAs from the Manipur assembly in the Office of Profit case and the governor has to take a decision in this regard.

The Supreme Court has said that the Governor of Manipur could not delay further after the suggestion of the Election Commission. A bench headed by Supreme Court Justice L Nageshwar Rao said that the Election Commission had given its suggestion on January 19, 2021, though the governor has not yet taken any decision in this regard.

Manipur Congress MLA DD Thalis has filed a petition seeking disqualification of 12 BJP MLAs on the basis of the Office of Profit. The petition states that he accepted the post of Parliamentary Secretary which falls under the purview of the Office of Profit.

Petitioner's counsel Kapil Sibal said the governor could not keep such a decision pending. "We agree with the petitioner's argument that the governor cannot avoid such a decision," the apex court said.

On the other hand, senior advocate Rajiv Dhawan, appearing for the Election Commission, also said that the suggestion of the Election Commission was binding on the Governor. A further hearing in the case is scheduled for November 11. Prosecutors appearing on behalf of the state government said the hearing could be avoided as the solicitor general was busy with other work but the apex court refused, saying there was only one month left.


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