The Calcutta High Court on Tuesday directed the Speaker of the West Bengal Legislative Assembly to decide on the disqualification petition moved by BJP MLA Suvendu Adhikari by October 7. The direction was issued in the plea moved by BJP MLA Ambika Roy challenging the appointment of Mukul Roy as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly.
On June 17, a disqualification petition had been moved before the Speaker by BJP MLA and Leader of the Opposition Suvendu Adhikari against Mukul Roy on the grounds of defection under the Tenth Schedule of the Constitution, reports LiveLaw.in.
During earlier hearings, senior counsel C.S Vaidyanathan appearing on behalf of BJP MLA Ambika Roy had objected to the pendency of such a disqualification petition before the Speaker.
A Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj observed on Tuesday that the Supreme Court vide its earlier judgments had held that a period of three months from the date on which the petition is filed is the outer limit within which disqualification petitions filed before the Speaker must be decided.
The Supreme Court in the case of Keisham Meghachandra Singh v. Hon’ble Speaker, Manipur had set the 3 months deadline and had also ruled that if a member of the Assembly is found to have been disqualified their continuance in the Assembly even for a day would be illegal and unconstitutional.
The Bench further remarked that it was an established ‘constitutional convention’ to appoint a member of the Opposition as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly.
On July 9, Mukul Roy had been appointed as the Chairman of PAC by the Speaker of the West Bengal Legislative Assembly for the year 2021-2022. The plea filed before the Court had contended that on June 11, without officially resigning from the BJP or as the MLA of Krishnanagar Uttar constituency, Mukul Roy had defected to the TMC party on June 11, 2021.
MLA Mukul Roy had initially contested the West Bengal State Assembly Elections 2021 from the Krishnanagar Uttar constituency on behalf of BJP and had subsequently emerged victorious. However, on June 11, without officially resigning from the BJP or as the MLA of Krishnanagar Uttar constituency, the respondent had defected to the TMC party on June 11, 2021, the plea had contended.
