'No Executive Accountability': Calcutta High Court Issues Notice On Plea Challenging Appointment of TMC MLA Mukul Roy As PAC Chairman

The Calcutta High Court on Friday issued notice on a plea challenging TMC MLA Mukul Roy's appointment 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 has been filed by BJP MLA Ambika Roy. The matter is slated to be heard next on August 10.

A Division Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj on Friday directed the concerned parties to file their written submissions before the next date of hearing. 

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, the 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 contended.

Averments in the plea:

Violation of Rule 302 of the Rules of Procedure and Conduct of Business of the West Bengal Legislative Assembly

The plea noted that Rule 302 of the Rules of Procedure and Conduct of Business of the West Bengal Legislative Assembly (Rules) provides for a Committee of Public Accounts which shall consist of 20 members, elected by the Assembly from among its members based on the principle of proportionate representation by means of a single transferable vote.

In accordance with the principle of proportional representation, 14 seats were supposed to be reserved for the TMC party and 6 seats were to be reserved for the BJP in the PAC. Accordingly, 6 MLAs from BJP had filed their nomination papers for election to the PAC. In contrast, 13 TMC MLAs had filed their nomination papers, the plea alleged.

The petitioner further submitted that on June 24, Mukul Roy without disclosing his party affiliation had filed his nomination papers for election to the PAC.

"This nomination of respondent was done in clear violation of the Rule 302, which contemplates that election of members to the PAC shall be done only on the basis of proportional representation of each party inside the Assembly", the plea stated.

Consequently, two BJP MLAs along with the petitioner himself had filed an objection petition before the Secretary of the West Bengal challenging Mukul Roys's nomination to the PAC. However, the objection petition was rejected on June 25, 2021 on the technical ground that objections are not considered at the stage of scrutiny.

Independence of PAC is essential for Executive accountability

The plea contended that the independence of a committee like PAC is essential for enforcing executive accountability. The Consolidated Fund of the State and the amount of fund appropriated from it for State expenditure is to be legally scrutinized by the PAC.

"The financial and independent supervision of a House Committee such as PAC, over sums and moneys spent by the State Government ensures that the Executive remains responsible to the Legislature which is a key tenet of a Parliament form of democracy", the plea stated.

Thus it was alleged that appointment of the respondent as the PAC Chairman who is incapable of acting impartially and objectively dilutes the independence of PAC.

Disregard of established constitutional norms

The plea further contended that the appointment of TMC MLA as the PAC Chairman despite the ongoing disqualification proceedings against him under the Tenth Schedule constitutes an 'utter disregard of established constitutional norms, fraud on the Constitution and malice in law'.

Furthermore it was submitted that it has been the constitutional convention of the West Bengal Legislative Assembly to nominate the Leader of the Opposition as the Chairman of the PAC as the functioning of the PAC will be rendered meaningless if it is indirectly controlled by the Government since the Chairperson in the instant case would be a 'mouthpiece of the Executive'. 

Thus, the petitioner urged the Court to quash the appointment of TMC MLA Mukul Roy as PAC Chairman and issue appropriate directions to the Speaker of the House. 

The petitioner has been represented by Senior Advocate P.S Narasimha. 

Case Title: Ambika Roy v. The Speaker, West Bengal Legislative Assembly and Ors