Supreme Court Refuses To Entertain Suvendu Adhikari's Petition Challenging WB Speaker's Refusal To Disqualify Mukul Roy

The Supreme Court on Friday refused to entertain a writ petition filed by West Bengal Leader of Opposition Suvendu Adhikari challenging the West Bengal Speaker's decision to reject the petition seeking disqualification of Mukul Roy for defection from BJP to TMC.

A bench comprising Justice L Nageswara Rao and Justice BR Gavai gave liberty to Adhikari to approach the High Court against the Speaker's decision. 

The bench asked Senior Advocate CS Vaidyanathan, who appeared for Adhikari, what was the fundamental right of the petitioner which was infringed so as to give a cause for a petition under Article 32.

Vaidyanathan submitted that the Speaker's decision is wholly arbitrary. The bench observed that the High Court ought to be moved. When Vaidyanathn expressed the apprehension that filing a fresh writ petition under Article 226 will further delay the proceedings, the Bench said that it will direct the matter to be decided in the pending writ petition (which is filed against the appointment of Roy as the Public Accounts Committee Chairman). It may be noted that it was while considering the said writ petition that the High Court had asked the Speaker on September 28 last year to decide the disqualification petition in a time-bound manner.

Considering that the term of Mukul Roy as the Public Accounts Committee Chairman is only for one year, the Supreme Court asked the High Court to decide the matter within a month.

The Supreme Court bench also considered today a Special Leave Petition filed by the Speaker against the said order of the High Court which directed a time-bound decision on the petition against Roy. Senior Advocate Dr Abhishek Manu Singhvi, appearing in that petition, took objection to certain observations made in the High Court's order.

The Supreme Court said that it will direct those observations to be treated as prima facie.

"Needless to say the observation made by HC while passing order dated 28.09.2021 is prima facie and parties are to take all contentions available to them under law. Considering the the tenure of Mukul Roy as Chairman of PAC is only for 1 years we request the HC to decide the WPs expeditiously and not later than a period of one month. All cases disposed of", the Bench said in its order disposing of both the petitions.

Click Here To Read/Download Order