SC hopes WB Assembly speaker will decide within 2 weeks over Mukul Roy disqualification
Jan 17, 2022
New Delhi [India], January 17 : The Supreme Court on Monday expressed hope that the West Bengal Legislative Assembly Speaker Biman Banerjee will decide on the disqualification petition moved against Trinamool Congress (TMC) MLA Mukul Roy, within two weeks.
A Bench of Justices L Nageswara Rao and BV Nagarathna orally said that it expects the Speaker to decide on the disqualification petition against Roy before the second week of February.
It has posted the matter for hearing in February.
On the previous hearing, the Bench had observed that there is a general practice of Speakers delaying the hearing of defection petitions under the Tenth Schedule of the constitution.
The apex court was hearing two separate appeals by the Assembly Speaker and the Secretary of the Returning Officer of West Bengal Assembly, against the Calcutta High Court order.
The High Court had directed the Speaker to decide by October 7 the petition seeking Roy's disqualification for his defection from BJP to TMC. The order of the High Court had come on the plea moved by BJP MLA Ambika Roy challenging the appointment of TMC MLA Mukul Roy as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly.
On June 17, a disqualification petition had also been moved before the Speaker by BJP MLA and Leader of the Opposition Suvendu Adhikari against Mukul Roy on the grounds of defection.
According to an order issued on September 28, 2021, the Calcutta High Court had observed that it is a constitutional convention to appoint a Leader of the Opposition as the Chairman of the PAC and ruled that the issue pertaining to the disqualification of Roy as a Member of the Legislative Assembly is co-related with him being the Chairman of the PAC.
Speaker of the West Bengal Legislative Assembly had then moved the Supreme Court challenging the direction to decide on the disqualification petition against Roy.
