Hon’ble Speaker informed the House that the Manipur Legislature(Removal of Disqualifications)Fourth Amendment Bill,2006 which was passed by the Manipur Legislative Assembly on 29-5-2006 was returned by the Governor for reconsideration on the ground of want of clarity and lack of specifics. He read out the Governor’s message.

Dr Nimaichand Luwang, MLA raised a point of order that ten clear days notice should be given to Members for reassembling the House if the Speaker adjourns the House sine die as per Rule 19(2) of the Rules of Procedure and Conduct of Business in Manipur Legislative Assembly. Re-convening the House with a notice being served on Saturday, the 3rd June for the sitting on 5th June was a violation of the rule.

Shri O. Joy Singh, MLA also raised a Point of Order that reconvening the House without holding the meeting of Business Advisory Committee was an instance of procedural lapse. He quoted Articles 102,103,200,201, etc. of the Constitution of India.

Shri B.D Behring, MLA suggested to convene the Session after 10 days notice in order to avoid procedural lapses because there was no emergency at present.

Shri L. Ibomcha Singh, MLA endorsed the suggestion of reconvening the House after due notice of 10 days.

Shri Th. Debendra Singh, Law Minister replying to the point of order said that BAC meeting was concerned with the allocation of time only and the present session was meant for a particular business only and so BAC meeting was not necessary for the present. He observed that there was no major lacuna in reconsidering the bill.

Dr. Nimaichand Luwang, MLA strongly maintained that violation of rules may taint the image of the Speaker and the House.

Shri C. Doungel, MLA observed that there was no harm in proceeding to reconsider the Bill on the ground of its urgency.

Shri P. Parijat, Minister ( Art & Culture ) also observed that the Speaker could convene at an earlier date in case of urgency as per rule No. 19 of Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly.
Dr. Nimaichand Luwang, MLA stated that the observation of Shri P. Parijat was a misinterpretation of Rule 19 of Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly.

Shri Phungzathang Tonsing, Minister (Tribal Development), observed that only slight rectification was needed in the bill and so there was no loophole in reconsidering the Bill.

Shri O. Joy Singh, MLA maintained that if there were procedural lapses, the Governor’s assent might be reserved even though the Bill might be passed by the House. So proper procedure must be followed, he added. He quoted relevant rules and cited some instances.
Shri L. Nandakumar, Minister (Education) observed that reconvening the House without giving 10 days notice to the Members was within the discretionary power of the Speaker.

Dr. Nara Singh, MLA suggested for adjournment of the House till 2 pm to discuss the matter in the Speaker’s chamber with representatives of the opposition for arriving at a solution.
Shri O. Joy Singh, MLA expressed consent to Dr. Nara’s suggestion.
Hon’ble Speaker gave a ruling that the House would be adjourned half an hour earlier for the lunch break for a meeting in the Speaker’s chamber to reach a consensus of both Ruling and the Opposition on the matter. He invited leaders of the Treasury Bench and also S/Shri RK. Dorendra, O. Joy Singh, Dr. Nimaichand Luwang, MLAs and any interested MLAs as the representatives of the Opposition.

Hon’ble Speaker intimated to the House the recommendation of the Business Advisory Committee.

Shri S. Ibohal Singh, MLA expressed unhappiness for not giving any intimation regarding the BAC meeting.

Hon’ble Speaker expressed regret over the non-intimation of the BAC meeting to Shri S. Ibohal, MLA.
Hon’ble Chief Minister, Shri O. Ibobi Singh, presented the BAC report to the House.
Shri P. Parijat Singh, Hon’ble Minister, moved for suspension of Rule 19(2) of the Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly.

The House agreed.

Hon’ble Speaker suspended Rule 19(2) of the Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly for the sitting held on 5-6-2006.

Shri O. Ibobi Singh, Hon’ble Chief Minister moved the Manipur Legislature(Removal of Disqualifications)Fourth Amendment Bill, 2006 for reconsideration.

The House agreed.

Shri Th. Debendra Singh, Law Minister presented the bill to the House with certain amendments of some clauses.

Shri B.D. Behring, MLA, participating in the discussion observed that passing of the bill on the same day of its introduction might have certain lapses. He further pointed out that a minute examination was required so that no further amendment in the bill was necessary.

Shri S. Ibohal Singh, MLA, participating in the discussion said that he had no objection in passing the bill but observed that an in-depth study of the bill was necessary.

Shri M. Bhorot Singh, MLA, pointed out that an in-depth study of the bill was required keeping in mind the future aspect of the bill. There was no exigency in passing the bill and it would be better to wait for the outcome of the Parliament bill, he observed and added that he would not participate in passing the bill by the House.

Shri C. Doungel, MLA, participating in the discussion said that the Governor returned the bill for reconsideration not over the legal aspect of the bill but due to certain errors of the bill for which the concerned officials should be held responsible and actions needed to be taken against the erring officials. He also pointed out certain amendments.

Shri Nongthombam Biren, MLA, participating in the discussion observed that the present debate should be concentrated on the office of profit issue, a dormant Act of the constitution which assumed significance very recently and not on the issue of disqualification of the 6 MLAs including himself. The MLAs, past and present, had held the offices quite unaware of the Act and therefore the bill should be passed by the House for the protection of such MLAs, he said.

Shri L. Ibomcha Singh, MLA, participating in the discussion pointed out certain additional amendments to the bill and urged the government to examine the bill minutely in order to prevent the Governor from reserving the bill.

Shri O. Joy Singh, MLA, participating in the discussion observed that the present debate should be more of an academic exercise rather than pointing fingers on individual MLAs. He pointed out that even the Constitution of India did not give clear definition of the office of profit and for that matter nowhere else. The Parliament, he said, had constituted a Joint Parliamentary Committee in 1954 to frame a comprehensive law on the office of profit issue but it was unable to do so till now. He endorsed that the bill should be passed for the benefit of the past, present and future MLAs of the State.

Dr. S. Budhichandra Singh, MLA, participating in the discussion observed that since the Constitution of India was framed for the benefit of the people, its amendment was also necessary if it is for the benefit of the people. He further said that the amended bill should be passed unanimously by the House for the welfare of the people.

The Hon’ble Chief Minister moved the bill for passing.
After clause by clause consideration, the Manipur Legislature (Removal of Disqualifications) Fourth Amendment Bill, 2006 was passed unanimously as amended by the House.