BREAKING: Calcutta HC Directs WB Speaker To Decide Disqualification Petition Against TMC MLA Mukul Roy By October 7 [Read Order]

The Calcutta High Court on Tuesday directed the Speaker of the West Bengal Legislative Assembly to decide on the disqualification petition against TMC MLA Mukul Roy and place on record the order passed by the next date of hearing which is slated to take place on October 7. The direction was issued in the plea moved by BJP MLA Ambika Roy challenging the appointment of Mukul Roy as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly. 

On June 17, a disqualification petition had been moved before the Speaker by BJP MLA and Leader of the Opposition Suvendu Adhikari against Mukul Roy on the grounds of defection under the Tenth Schedule of the Constitution.

A Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj observed on Tuesday that the Supreme Court vide its earlier judgments had held that a period of three months from the date on which the petition is filed is the outer limit within which disqualification petitions filed before the Speaker must be decided. Reliance was placed on the Supreme Court judgment in Keisham Meghachandra Singh v. Hon'ble Speaker, Manipur in this regard. It was further noted that the three months period to decide on the disqualification petition by the Speaker had already expired on September 16.

"Maximum three months period has been prescribed by Hon'ble the Supreme Court for decision of any such petition, which has already expired. The objective and purpose of Tenth Schedule is to curb the evil of political defections motivated by lure of office, which endangers the foundation of our democracy. The disqualification takes places from the date when the act of defection took place. The constitutional authorities who have been conferred with various powers are in fact coupled with duties and responsibilities to maintain the constitutional values. In case they fail to discharge their duties within time, it will endanger the democratic set up", the Court observed. 

The Court further opined that the power of the Speaker to adjudicate upon an application filed for disqualification of a member of Assembly is quasi-judicial in nature and is thus subject to judicial review. It was further held that the Speaker should have decided on the disqualification petition pending before him before he decided to appoint Mukul Roy as the PAC Chairman. 

"The Speaker was required to decide the petition filed before him for disqualification of the respondent No. 2 having defected from BJP to AITC, as a result of which his membership to the Assembly itself was in doubt. In case the respondent No. 2 does not remain the Member of the Assembly, there was no question of he being even the Member of the Committee what to talk of its Chairman", the Court opined further. 

The Court also dismissed the contention that judicial review of legislative proceedings is not permitted under Article 212(1) of the Constitution of India. Opining that the instant case was not merely a 'procedural irregularity', the Court observed, 

" The action of the Speaker can be examined in its power of judicial review as the same does not fall merely in the ambit or "irregularity of the procedure" for which protection is available under Article 212(1) of the Constitution of India. The action of the Speaker is on wrong premise even as per the facts admitted by him in the declaration made at the time of appointment of the Chairman of the Public Accounts.  It is not a case of procedural irregularities, which could debar this Court from entertaining the petition in terms of Article 212(1) of the Constitution of India. It is a case of blatant illegality"

It was further observed that it is the duty of the Court to protect the Constitution and that if a constitutional authority fails to efficiently discharge his duties, then the Court has every right to intervene. It was also noted that the Speaker in discharge of his constitutional duties is expected to be neutral. 

"The objective and purpose of Tenth Schedule is to curb the evil of political defections motivated by lure of office, which endangers the foundation of our democracy. The disqualification takes places from the date when the act of defection took place. The constitutional authorities who have been conferred with various powers are in fact coupled with duties and responsibilities to maintain the constitutional values. In case they fail to discharge their duties within time, it will endanger the democratic set up", the Court remarked further. 

The Bench further ruled that the issue pertaining to disqualification of TMC MLA Mukul Roy as Member of the Legislative Assembly is co-related with him being the Chairman of the Committee on Public Accounts. 

Accordingly, the Court directed the Speaker of the Legislative Assembly to pass an order with regards to the pending disqualification petition and accordingly submit it before the Court on the next date of hearing which is slated to take place on October 7. 

The Bench further remarked that it was a established 'constitutional convention' to appoint a member of the Opposition as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly. 

Background

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 filed before the Court had contended that on June 11, without officially resigning from the BJP or as the MLA of Krishnanagar Uttar constituency, Mukul Roy had defected to the TMC party on June 11, 2021.

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, 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 had contended. 

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

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