Calcutta High Court Seeks WB Speaker's Response Over Suspension Of Suvendu Adhikari & 4 BJP MLAs From State Assembly

The Calcutta High Court on Monday sought sought response from West Bengal Assembly Speaker Biman Bandyopadhyay in a writ petition challenging his decision to suspend BJP MLA and Leader of the Opposition Suvendu Adhikari from the Assembly for future sessions this year.

Five BJP MLAs, including Suvendu Adhikari, were suspended by the West Bengal Assembly Speaker on March 28 for their alleged unruly conduct in the House. Adhikari, along with BJP legislators Dipak Burman, Shankar Ghosh, Manoj Tigga and Narahari Mahato, were suspended by the Speaker for future sessions this year.

The Assembly had witnessed pandemonium on the day as ruling TMC and BJP MLAs scuffled after saffron party legislators demanded a statement by Chief Minister Mamata Banerjee over the "worsening" law and order situation in the state.

Justice Rajasekhar Mantha was apprised by senior counsel Jaydip Kar appearing for Adhikari that Adhikari and 5 other BJP MLAs were communicated vide an order on March 31 that they had been suspended by the Speaker from the Assembly for the remaining period of this session. 

It was further indicated that the expression 'session' would mean the entire period of the Assembly until it is prorogued by the order of the Governor of West Bengal. The senior counsel further submitted that apart from the legality of the impugned order which is contrary to the Rules of Procedure and Conduct of Business, the same is excessive and disproportionate to the alleged misconduct. 

"The Leader of the Opposition cannot be kept out of the Assembly for the remainder of the session", senior advocate Jaydip Kar further remarked during the proceedings. 

Taking cognisance of the grievance raised, the Court directed Advocate General S.N Mookherjee to file an affidavit-in-opposition on or before May 2. Any reply was directed to be filed on or before May 4. 

The matter has been listed for further hearing on May 5 at 10:30 am. 

It may be noted that a Division Bench of the High Court has recently set aside the West Bengal Assembly Speaker's order dismissing a petition by Suvendu Adhikari which sought disqualification of TMC lawmaker Mukul Roy as a member of the House on the ground of defection and restored the matter for fresh consideration. 

Case Title: Suvendu Adhikari v. The Hon'ble Speaker, West Bengal Legislative Assembly