The notice mentioned that contempt petition will be filed against the officials if Yumkham Erabot, now MLA of Wangkhei AC is given any monetary/financial benefits including salary, MLA local area development fund, any other benefits including distribution of food grains, fair price shops, etc.
TFM Desk
Former minister Okram Henry Singh’s lawyer Thokchom Deepak Singh on Friday served legal notice to state government officials including the Chief Secretary (CS), Deputy Commissioners (DCs) and Superintendents of Police (SPs). These officials have been warned that contempt petition will be filed against them if they gave financial benefits to MLA Yumkham Erabot Singh of 15-Wangkhei Assembly Constituency.
The notice served by advocate Thokchom Deepak Singh mentioned that that contempt petition will be filed against the Chief Secretary; the Director General of Police; the Commissioner, (CAF&PD); the Secretary, Manipur Legislative Assembly; the Deputy Commissioners of Imphal East and Imphal West, the Superintendents of Police, Imphal East and Imphal West without further notice, if, Yumkham Erabot Singh, who has been sworn is as MLA of 15-Wangkhei Assembly Constituency on April 21 is given “any monetary/financial benefits including salary, MLA local area development fund, any other benefits involving financial benefits including distribution of food grains, fair price shops, etc., by CAF&PD in terms of interim order dated 06/05/2021 passed by Hon’ble Supreme Court of India in Civil Appeal No. 1666 of 2021.” Thokchom Deepak Singh said that he has been instructed by his client Okram Henry Singh to take up the issue.
The notice also mentioned that Okram Henry Singh was elected as MLA from 15-Wangkhei Assembly Constituency for the 11th Manipur Legislative Assembly for the term 2017-2022, by defeating Yumkham Erabot Singh by a large margin.
Yumkham Erabot Singh had filed election petition before High Court of Manipur on “an inadequate and misconstrued premises” said the notice. It also mentioned that the High Court by its final order dated 15/04/2021 in Election Petition No. 2 of 2017, “erroneously” allowed the election petition and set-aside the election of Okram Henry Singh and further declared the election petitioner Yumkham Erabot Singh as MLA of 15- Wangkhei Assembly Constituency.
Thereafter, Okram Henry filed Civil Appeal No. 1666 of 2021 before the Supreme Court under section 116-A of the Representation of People Act, 1951 against the final order dated 15/04/2021 passed by High Court of Manipur in Election Petition No. 2 of 2017. The Supreme Court after considering the merit of the Civil Appeal filed by Okram Henry by its interim order dated 06/05/2021 had passed interim directions to be operative till the present appeal is disposed of by the apex court.
The directions said that Yumkham Erabot Singh having been sworn-in as a Member of the Legislative Assembly, he shall be entitled to represent the electorate in the House and shall be entitled to participate in the debates. However, Erabot shall not be entitled to cast any vote on the floor of the House or in any committee of the House. He shall also not be entitled to draw any monetary benefits in respect of the office of Member of the Assembly.
The notice further stated that in effect, all the powers and privileges of Yumkham Erabot Singh as MLA of 15-Wangkhei Assembly Constituency “has been taken away” by the Supreme Court by its order dated 06/05/2021. Therefore, he is now not entitled to any monetary benefits (including Local Area Development Fund) in respect of office of MLA. “The only thing that is entitled to him is to represent the electorate in the house (inside the house) and participate in the debates and nothing else”, reminded the legal notice.
“Now I, therefore, serve this present legal notice to each one of you with the remark that my client will be constrained to file contempt case before Hon’ble Supreme Court, if any of you authorise any monetary benefits to Yumkham Erabot Singh as his salary and delegate/authorise to dealt with MLA local area development fund or any other matter involving public exchequer. Any granting of such power or privilege to Yumkham Erabot Singh which directly or indirectly allows to dealt with distribution of food grains, fair price shops, etc., by CAF&PD will amount to wilful violation/disobedience of the order/directions dated 06.05.2021of Hon’ble Supreme Court of India”, said the notice signed by advocate Thokchom Deepak Singh.