BJP violates constitutional laws: Congress
—demands immediate resignation of 12 Manipur BJP MLA’s & 20 AAP MLA’s in Delhi.
Pothashang News Service: Imphal, March 24, 2018: All India Congress Committee (AICC) has said the double faced politics of the BJP is blatant, given that in the state of Manipur, the BJP Govt is guilty of the same illegality while expressing its respect toFriday’s judgement of the High Court of Delhi which has directed the Election Commission of India to hear the complaint against 20 AAP MLA’S for holding Office of Profit, but we would like to raise some important questions.
Both the BJP and the AAP are now in the same boat. No doubt the rules of natural justice have been upheld, but just like the AAP has made an absolute mockery of the laws, the Bharatiyajanata Party is flouting every rule in Manipur. Just like the AAP, BJP is also guilty of the same illegality in Manipur, said statement issued by Sushmita Dev, spokesperson, AlCC, Gaikhangam, former deputy CM, Manipur, Aleixo Reginaldo Lourenco, MLA, Goa and TakamSanjoy, MP , Arunachal Pradesh.
It said the double faced politics of the BJP is blatant, given that in the state of Manipur, the BJP government is guilty of the same illegality. 12 MLA’S – 8 from BJR 3 from NPF and 1 Independent MLA were appointed as Parliamentary Secretaries after the last assembly election. After, the Supreme Court order of July 26, 2017 in the case of Bimolangshu Roy v. State of Assam, it is the law of the land that such laws appointing people as Parliamentary Secretaries is without legislative competence and therefore ANY person having held such position must be disqualified. However all the 12 MLAS are continuing in complete violation of the law.
However, the BJP’s entire government in Manipur is functioning in complete violation of the constitutional laws, to say the least. The BJP is aware their Government is doubly disqualified: First, for having illegally allotted offices of profit to 12 MLAS and; second, for not having disqualified the defecting MLA who has done so in gross violation of the Tenth Schedule of the Constitution and the Supreme Court’s landmark decision in KihotoHolohan v. Zachillu.
In the most blatant act of illegality and sheer political opportunism, 1 Congress MLA, T H Shyamkumar defected, just after the announcement of the result and was rewarded by the BJP with an appointment as a Minister in the State Cabinet. He has not even resigned and is still continuing as a Minister, till date. The Speaker does not even accept a complaint by the Congress’ Legislative Party to disqualify him on the basis of ‘Anti Defection Law’.
We also recall how Former Congress President, Smt. Sonia Gandhi had resigned when the “office of profit” controversy broke out and had fought again and won the mandate of the people again, but the BJP & the AAP is guilty of not upholding Constitutional laws.
We demand that the 12 BJP MLA’s BJP in Manipur should resign immediately, as also the 20 MLA’s AAP in Delhi, added the statement.
It said BJP is the master of ‘Defections’ not ‘Elections’
BJP has consistently and repeatedly flouted the Constitution provisions in forming governments in Arunachal Pradesh, Goa, Manipur, Meghalaya. BJP had committed a daylight robbery of majority mandate in Goa, Manipur and Arunachal Pradesh. Political muscle, coercion and money moved swiftly by the BJP to further its agenda of usurping power, said the Congress’s statement.
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