Calcutta HC Directs State To File Counter Affidavit In Plea challenging Mukul Roy’s Appointment As PAC Chairman

The Calcutta High Court today while hearing the PIL filed by MLA Ambika Roy challenging Mukul Roy’s appointment as chairman of the Public Accounts Committee (PAC), West Bengal Legislative Assembly, stated that in the light of the recent Judgment by Delhi High Court, just anything cannot be announced by a public official. The reference was made when the Counsel for the petitioner argued before the Court that merely because Speaker announces anything in the House, that does not imply statutory power to make such declarations.

In pursuance of this argument, A Division Bench of Chief Justice (Acting) Rajesh Bindal and Justice Rajarshi Bharadwaj referred to the Single Bench Judgment of July 23, 2021 where it was held that the Chief Minister is bound to implement his promises made in public as this gives rise to legitimate expectations.

The parties were directed to compile relevant judgments to argue on power which Speaker of the House exercised while giving the declaration of appointing Mr. Mukul Roy as the chairman of PAC - whether it is provided by any statue or not.

The State is further directed to file a counter affidavit before 12^th August, the next date of hearing.

Significant Courtroom Exchange

Sr. Adv. P.S. Narasimha appeared for the petitioner. And Sr. Adv. General (SAG) Kishor Dutta appeared for the State Respondents.

SAG argued before the court that a vital fact has been left out from the written submissions that the House was in session when such declaration by the Speaker was made. He emphasized that this one fact can sway the case one way or the other.

However, Sr. Adv. Narsimha averred that this is just a legal aspect as the main issue at hand is whether the Speaker had the power to declare Mr. Mukul as the chairman of the PAC or not. Though he said that if the respondent counsel wishes, he’ll deal with every fact that the counsel has mentioned.

Mr. Narasimha also highlighted that the present matter before the court is uniquely distinctive as this has never arisen before.

Matter In Brief

The PIL filed by Mr. Ambika Roy, sitting MLA from Kalyani Constituency in Nadia district of Kolkata, had stated that in gross violation of the Rules of Procedure and Business of the West Bengal Legislative Assembly, Mr. Mukul Roy filed his nomination papers for the membership of the PAC, without BJP’s support and even without disclosing his party- affiliation in the nomination form. Soon after he was elected as a member, the Speaker of the Assembly nominated him for the Chairmanship of the PAC.

Mr. Ambika had 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.

It had been argued by Mr. Ambika that Mr. Mukul Roy’s appointment as the Chairman of the PAC defies the sole purpose of establishing PAC that is to ensure impartial and independent scrutiny of the spending of the Government.

In the last hearing, the High Court issued notice directing the concerned parties to file their written submissions before the next hearing.

Law Points: Rule 301 of the Rules of Procedure and Conduct of Business of the West Bengal Legislative Assembly that provides for The Public Accounts Committee (PAC)

Rule 302- the principle of proportional representation

(Case Title- Ambika Roy Vs Honble Speaker, West Bengal Legislative Assembly And Ors WPA(P)/213/2021)

Coram- Hon'ble Justice Rajesh Bindal, Chief Justice (Acting) & Hon'ble Justice Rajarshi Bharadwaj