New Delhi, Nov. 5: The Supreme Court on Thursday asked the Calcutta High Court to expeditiously decide a plea questioning the West Bengal Assembly Speaker’s delay in ruling on disqualification petitions against 10 rebel Trinamool Congress MLAs.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi disposed of a fresh petition filed by TMC MLA Sobhandeb Chattopadhyay, granting him liberty to approach the High Court. It also requested the Chief Justice of the Calcutta High Court to place the matter before a Division Bench for expeditious consideration and disposal.
Chattopadhyay had approached the Supreme Court alleging prolonged inaction by the Speaker on disqualification petitions filed on July 8 against Ritabrata Banerjee, Firhad Hakim, Arup Roy, Sandipan Saha, Akhruzzaman Ansari, Shiuli Saha, Sabina Yasmin, Biplab Mitra, Javed Khan and Rathin Ghosh.
The petitions arose after the MLAs, who had contested the Assembly elections on TMC tickets, walked out of the party following its electoral defeat and the subsequent split within the TMC.
Chattopadhyay sought a direction requiring the Speaker to decide the disqualification proceedings within the timelines indicated by the Supreme Court in Keisham Meghachandra Singh v. Hon’ble Speaker, Manipur Legislative Assembly.
His counsel told the court that several months had passed since the petitions were filed and no decision had yet been taken.
The Supreme Court had earlier, on September 28, dismissed a similar plea by Chattopadhyay seeking a direction to the Speaker to decide the disqualification petitions.
The court had then observed that there was no reason to doubt that the Speaker would take a decision within a reasonable period and had also cautioned that courts themselves should remain mindful of delays in deciding cases before prescribing rigid timelines for other constitutional authorities.
The present dispute also forms part of a wider tussle within the TMC following the change in political alignments in the State.
Chattopadhyay had earlier been nominated by the party as Leader of Opposition, but the Speaker recognised rebel MLA Ritabrata Bandyopadhyay as Leader of Opposition and another rebel MLA as Chief Whip.
That decision was challenged before the Calcutta High Court, which subsequently delivered a split verdict.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
