Calcutta High Court Disposes BJP MLA Suvendu Adhikari's Plea After Speaker Revokes Suspension

The Calcutta High Court on Friday disposed of a writ petition challenging the decision of West Bengal Assembly Speaker Biman Bandyopadhyay to suspend Leader of the Opposition Suvendu Adhikari and four other BJP MLAs from the West Bengal Legislative Assembly. 

The Court was apprised that the Speaker on Thursday had revoked the suspension of the BJP MLAs including that of Leader of Opposition Suvendu Adhikari after consultation with the State's Parliamentary Affairs Minister Partha Chatterjee.

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 had earlier sought response from Speaker Biman Bandyopadhyay in the plea filed by the saffron party legislators challenging his decision. Thereafter, the Court had underscored that the pendency of the plea would not stand in the way of the parties resolving the issue in accordance with rules. 

"This Court is relieved to note that the motion suspending the petitioners from the House has come for consideration on another motion moved to withdraw the same. Suspension has been terminated", the Court observed. 

Justice Mantha also stated that he appreciates the 'stellar efforts' made by Advocate General S. N. Mukherjee in resolving the issues.

The Court further remarked that the parties may take a relook at the Rule of Procedure of Business in the West Bengal Legislative Assembly and accordingly disposed of the petition. 

Over the past few days since the start of Assembly Session, BJP MLAs have been protesting in the premises of the House demanding withdrawal of the suspensions. Two BJP MLAs Agnimitra Paul and Sikha Chatterjee had moved separate motions for the withdrawal of suspension against the BJP MLAs.

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

Case Citation: 2022 LiveLaw (Cal) 246

Click Here To Read/Download Order