SC hopes WB Speaker decides disqualification of 10 MLAs promptly

The Supreme Court voiced its expectation that the West Bengal Assembly Speaker will rule on the disqualification pleas against 10 MLAs by October 8, in line with the court's three-month guideline for deciding such defection cases.

The Supreme Court on Monday expressed hope that the Speaker of the West Bengal Legislative Assembly would decide in a reasonable time the disqualification petitions filed against 10 MLAs of the Ritabrata Banerjee faction for alleged defection under the Tenth Schedule of the Constitution.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana disposed of a writ petition filed by Trinamool Congress MLA Sohandeb Chattopadhyay (Mamata Banerjee-led faction), seeking expeditious disposal of the disqualification petitions.

The bench referred to its judgment in Keisham Meghachandra Singh v/s Speaker, Manipur Legislative Assembly, which held that disqualification petitions should ordinarily be decided within a reasonable period, indicated to be around three months. The disqualification petitions in the present case were filed on July 8. The bench noted that the three-month period would expire on October 8 and expressed the expectation that the Speaker would take an appropriate decision within that period.

“We have every reason to believe that the Speaker of the State Assembly is fully cognisant of the principles laid down by this Court, and will make every endeavour to take an appropriate decision within (the said period),” the bench said in its order. Senior advocate Kapil Sibal, appearing for Chattopadhyay, submitted that there was a pattern of delay in deciding disqualification petitions, with breakaway factions subsequently claiming to be the real political party. The petitions seek disqualification of Arup Roy, Ritabrata Banerjee, Firad Hakim, Sandipan Saha, Seuli Saha, Akrhruzzaman, Sabina Yeasmin, Rathin Ghosh, Biplab Mitra and Javed Ahmad Khan.

Court Flags Similar Delay in Lok Sabha Case

In another case, on September 23, the Supreme Court flagged as a “red flag” the three-month delay in deciding disqualification petitions against 20 rebel Trinamool Congress (TMC) Lok Sabha MPs, while stopping short of imposing a fixed deadline on Speaker Om Birla. “There are cases and cases. A few months may be a red flag and that is well taken. Mr Chandra's petition makes a red flag that three months have lapsed. Why have you not finished it, when it is a matter of moments and has repercussions in various collateral proceedings and also the democratic process of the country?” Justice Bagchi observed. (ANI)

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