The Supreme Court Friday refused to entertain a plea filed by BJP leader Suvendu Adhikari against an order of the West Bengal Assembly Speaker dismissing his petition seeking Mukul Roy's disqualification as an MLA.
West Bengal Speaker Biman Banerjee on February 11 had dismissed the petition filed by Leader of the Opposition Suvendu Adhikari seeking Mukul Roy's disqualification as an MLA under the anti-defection law for switching sides after elections.
Mr Roy, a former BJP national vice-president, had defected to the ruling TMC in June last year.
A bench of Justices L Nageswara Rao and BR Gavai asked Mr Adhikari to move the Calcutta high court against the Speaker's decision.
“This writ petition is filed under article 32, challenging speaker decision dismissing Mukul Roy's appeal against disqualification as MLA. After hearing the counsel, we are of considered view that the petitioner can approach High Court assailing speaker order,” the bench said.
The top court also took note of the submission that Mr Roy's term as the Public Accounts Committee (PAC) Chairman is only for one year and asked the High Court to decide the matter within a month.
At the outset, the bench asked senior advocate CS Vaidyanathan, appearing for Mr Adhikari, what was the fundamental right of the petitioner which was violated.
“What is the extraordinary in this, what fundamental rights involved? Everything being filed under Article 32,” the bench asked.
Mr Vaidyanathan told the bench that the Speaker's decision is wholly arbitrary. With regard to observations made by the high court on September 28, 2021, the apex court said the observations would be treated as prima facie.
"Needless to say the observation made by HC while passing order dated September 28, 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 Public Accounts Committee is only for one year, we request the high court to decide the petitions expeditiously and not later than a period of one months,” the bench said.
The top court was hearing appeals filed by West Bengal Assembly Speaker and its Secretary and the Returning Officer against the Calcutta High Court's order.
The high court had asked Mr Banerjee to take a decision on the petition for disqualification of Mr Roy as a member of the House by October 7.
Mr Adhikari, leader of the Opposition, on June 17 had filed the petition before the Speaker seeking Roy's disqualification which was dismissed on February 11.
Ambika Roy, BJP MLA of the state, had moved the high court in July challenging Roy's election as PAC Chairman and prayed for nomination of an opposition member to the post as per tradition.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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