Calcutta High Court Seeks West Bengal Govt's Response In Plea Challenging Appointment of TMC MLA Mukul Roy As PAC Chairman

The Calcutta High Court on Tuesday granted time to the West Bengal government to file its counter affidavit by the next date of hearing i.e. on August 12. The Court also took on record the written submission filed by BJP MLA Ambika Ray challenging the appointment of TMC MLA Mukul Roy as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly. 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. 

A Division Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj during the last date of hearing had directed the concerned parties to file their respective written submissions. The plea filed before the Court had contended that  on June 11, the 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. 

On Tuesday, Advocate General Kishore Datta raised a preliminary objection to the maintainability of the petition by contending that the challenge to the appointment of TMC MLA Mukul Roy as PAC Chairman must be heard by the West Bengal Legislative Assembly instead of the High Court. He further pointed out to the Court that a vital fact had not been stated in the written submission of the petitioner that is the declaration of appointment by the Speaker had been made while the House was in session. 

Senior counsel P.V Narasimha on the other hand argued that the instant case involves a unique question of law as to whether the Speaker of the West Bengal Legislative Assembly can exercise such powers of appointment as 'a part of the parliamentary process'. In this context, he added that the bar envisaged under Article 212 of the Constitution is not attracted as the appointment was done exclusively by the Speaker and that it had nothing to do with the procedure of the house.

Taking note of the submissions, the Court listed the matter for further hearing on  August 12 at 10:30 am. The parties have been directed to compile all relevant judgments pertaining to the disputed question of law. 

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