No.408/2020-2021
Aizawl, the 27th November 2020 : Pu Lalrinliana Sailo Speaker of Mizoram Legislative Assembly today announced his decision regarding the Petition submitted by 12 MLAs against Pu Lalduhoma from the membership of the House on grounds which construe anti-defection. The Speaker in his decision announced the disqualification of Pu Lalduhoma, MLA of 26-Serchhip (ST) Assembly Constituency in exercise of the powers conferred upon the Speaker under para 6 of the Tenth Schedule to the Constitution of India and the Mizoram Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987 framed and incurred disqualification in terms of paragraph 2(2) of the Tenth Schedule.
The Speaker remarked his decision was based on careful and detailed scrutiny of the Petitions and exhaustive examination of supporting documents submitted against Pu Lalduhoma, Pu Lalduhoma’s comments on the Petition against him and study of such precedents made by Parliament and other State Legislatures. In his decision, the Speaker noted that Pu Lalduhoma who was elected independently was not a candidate fielded by any political party but he admitted and declared himself that he joined the Zoram People’s Movement Party on 19/8/2019 and for his subsequent conduct and activities attracted the disqualification in terms of Para 2(2) of the Tenth Schedule to the Constitution of India.
Before announcing his decision the Speaker elaborated on length regarding the steps taken on the landmark case.
Pu Lalduhoma is the first MLA to be disqualified on grounds of anti-defection under the Tenth Schedule in the legislative history of Mizoram.
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