SC Refuses To Entertain Plea For Removal Of Mamta Banerjee As WB CM For Seeking UN Referendum On CAA

The Supreme Court on Friday refused to entertain a plea filed against West Bengal Chief Minister Mamata Banerjee which sought directions for her to show by what authority she continued to hold the office of Chief Minister. The Quo Warranto petition was filed in light of Banerjee seeking a referendum with the assistance of the United Nations (UN) on the issue of the Citizenship Amendment Act 2019 (CAA).

The petitioner, a journalist named Varaaki, had contested that a CM takes an oath to uphold the sovereignty of India, and must not make any statements which go against the country's sovereignty and integrity. It was urged that in seeking a referendum with help of the UN, Banerjee had violated her oath of office under Schedule III of the Constitution by speaking against the sovereignty of India. Consequently, it was submitted, the Trinamool chief is no longer eligible to hold the post of CM in West Bengal, and must be asked to show how she continued to stake a claim to the same.

The lawyer for the petitioner today urged the bench, comprising of CJI SA Bobde, Justice BR Gavai and Justice Surya Kant to take up the matter as one of importance. CJI Bobde advised the petitioner to take the matter to the High Court.

"We are not denying that it is something of importance, but you should go to the High Court", stated the CJI. The plea was accordingly disposed off with liberty granted to the petitioner to file the matter before the concerned High Court.

On December 19, 2019 the West Bengal CM addressed a rally in Kolkata's Rani Rashmoni Avenue where she challenged the Modi government to go for a UN-monitored referendum on the issue of CAA and NRC. She had suggested that there ought to be a referendum conducted by an impartial organization like the UN or the Human Rights Commission, and if they lost the mass vote regarding the amended Citizenship law, the government must step down.