[Plea Challenging Mukul Roy's Appointment As PAC Chairman] Calcutta HC adjourns the matter as Mukul Roy hasn't received a hard copy of the paperbook yet.

The Calcutta High Court today hearing the plea challenging MLA Mukul Roy's appointment as the chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly stated that the affidavits by the respondents are taken on record and that a copy of the reply affidavit by petitioners be filed before the next date of hearing.

The Divison Bench comprising Chief Justice (Acting) Rajesh Bindal and Justice Rajarshi Bharadwaj noted that counsel for the respondent hasn't received the hard copy of the paper book yet and the same will be provided by today evening

Stressing over the issue of the multiple adjournments in the matter, Sr. Advocate P.S. Narasimha appearing on behalf of the petitioner stated before the court that as soon as the affidavits by the respondents will be received by him, it will take no more than two days for him to reply.

"Let us keep the house in order and complete the proceedings so that there will be no occasion for further adjournment be there in this case," Sr.Adv. Narasimha pleaded.  

The matter will be next-heard on 24th August. 

In the previous hearing of the case, the Division Bench asked the West Bengal Government to file its counter-affidavit. Today The State Adv. general mentioned that the same has been filed before the court. 

The Backdrop of the Case

Sitting MLA from Kalyani Constituency in Nadia district of Kolkata, Mr. Ambika Roy moved Calcutta High Court on July 27, 2021, challenging Mukul Roy’s appointment as the chairman of the PAC. 

Asseverating that the constitutional values are being compromised, Mr. Ambika Roy highlighted in the PIL that Mr. Mukul Roy despite winning West Bengal Assembly elections from Krishnanagar Uttar Constituency as a member of BJP, defected, as soon as the results were declared, to the present ruling party All India Trinamool Congress (AITC) without resigning from the BJP or his Membership from the Assembly.

The petition further stated that since the constitution of the fourth legislative assembly of West Bengal in 1967, it has been a constitutional convention that a leading member of the opposition would be chosen as the Chairman of the PAC and this nomination of Mr. Mukul Roy, who has defected after winning the elections, constitutes a gross violation of Constitutional ethos.

Mr. Ambika Roy has urged the Court to quash the appointment of Mr. Mukul Roy as member and chairperson of the PAC and to issue directions to the Speaker of the House to restrain Mr. Mukul Roy from holding the post or carrying out any functions as the member and chairperson of the PAC pending the hearing and final disposal of the petition.

(Case Title- Ambika Roy vs. Honble Speaker West Bengal Legislative Assembly and Ors)