'Legislative Proceedings Immune From Court's Scrutiny': WB Speaker Questions Maintainability Of Plea Against Dismissal Of Mukul Roy's Disqualification

The Calcutta High Court on Monday took on record the affidavits-in-opposition filed by West Bengal Legislative Assembly Speaker Biman Banerjee, TMC MLA Mukul Roy and the Secretary, West Bengal Legislative Assembly in a writ petition filed by West Bengal Leader of Opposition Suvendu Adhikari challenging the West Bengal Speaker's decision to reject the petition seeking disqualification of Mukul Roy for defection from BJP to TMC.On July 9, Mukul Roy had been appointed as the Chairman of Public Accounts Committee (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.On Monday, the counsel appearing for the petitioner prayed before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj to grant 2 days extension of time to file the reply to the affidavits-in-opposition. Furthermore, the Bench recorded in the order that the Supreme Court vide order dated February 25, 2022 had directed the High Court to decide the matter within a month after refusing to entrain a Special Leave Petition (SLP) filed by Adhikari against the Speaker's decision. "Needless to say the observation made by HC while passing order dated 28.09.2021 is prima facie and parties are to take all contentions available to them under law. Considering the the tenure of Mukul Roy as Chairman of PAC is only for 1 years we request the HC to decide the WPs expeditiously and not later than a period of one month. All cases disposed of", the Supreme Court had recorded in its order while disposing of the petitions.Accordingly, the Court listed the matter for further hearing on March 23. Averments on behalf of the Speaker, WB Legislative Assembly In the affidavit-in-opposition filed by the Speaker, WB Legislative Assembly it has been averred that the instant petition is not maintainable due to the bar imposed under Article 212 of the Constitution which immunises proceedings inside the Legislature from being challenged in a Court of law on the ground of irregularity of procedure. Furthermore, it has been stipulated that pursuant to Article 212(2) of the Constitution, even an erroneous decision or interpretation of the Rules of procedure by Officers including the Speaker and members cannot be made the subject-matter of scrutiny in a Court of law. "The High Court cannot be a court of revision against the Legislature or the Speaker's ruling with respect to proceedings within the House", it was averred further.It was further contended that the Speaker had passed a reasoned and speaking decision after affording adequate opportunity of hearing to both Suvendu Adhikari and Mukul Roy. It was also highlighted that the impugned decision of the Speaker is strictly in accordance with law and in conformity with paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India read with Article 19(2) of the Constitution. The Speaker further stated that Mukul Roy had deposited his election certificate and had also furnished a statement of members and declaration in Form III under sub-rule 2 of Rule 4 of the Members of the West Bengal Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986. It was also averred that as disclosed Mukul Roy had contested elections in the General Assembly Elections in 2021 from Krishnanagar Uttar Assembly Constituency, Nadia as a candidate sponsored by the BJP. "The wit petitioner has failed to demonstrate any cause of action to file the instant writ petition. The act in question, being challenged by the petitioner is neither illegal nor artistry and very much in accordance with law", the affidavit stated further. It was also highlighted that Rule 302 of the Rules of Procedure and Conduct of Business in the West Bengal Legislative Assembly does not provide that members of the Public Accounts Committee (PAC) should be elected based on the proportional representation of the political parties. Thus, it was stated that nomination can be filed by any member of the House for being elected as a member of the PAC and that there is no provision for filing such nomination on the basis of party affiliation. "Nowhere, in the said Rules it has been provided that the proportional representation would be made party-wise. Similarly, the purported contention that by applying the principle of proportional representation, 14 seats would be reserved for AITC and 6 seats would be reserved for BJP in the Public Accounts Committee is specifically denied. Rule 302 of the Rules does not speak about any such party affiliation or that the principle of proportional representation has to be based party-wise", it was contended further. BackgroundOn June 17, a disqualification petition had been moved before the Speaker by BJP MLA and Leader of the Opposition Suvendu Adhikari against Mukul...

'Legislative Proceedings Immune From Court's Scrutiny': WB Speaker Questions Maintainability Of Plea Against Dismissal Of Mukul Roy's Disqualification

Aaratrika Bhaumik

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