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A Supreme Court bench of Justices Nageshwar Rao and Gavai today directed West Bengal BJP leader Suvendu Adhikari to approach the Calcutta High Court to challenge the order of the speaker rejecting his petition seeking disqualification of turncoat MLA Mukul Roy.

When the matter was called for hearing, CS Vaidyanathan, Sr.Adv, submitted that the order of the speaker dated 11th February rejecting his petition to disqualify Mukul Roy is arbitrary and needs the interference of the court.

The court on hearing Vaidyanathan noted that this Writ Petition has been filed under Article 32 challenging the order dated 11th February 2022 passed by the speaker WB assembly dismissing the application for disqualification of Mukul Roy as MLA. The court noted that after hearing Mr.CS Vaidyanathan, it is of the view that the Adhikari can approach High Court assailing the validity of the 11th February order of the speaker. The court noted that Vaidyanathan has expressed an apprehension that the Writ Petition that he might file under Art 226 would only delay the matter. The court further noted his submission that Mr.Mukul Roy was appointed as chairman of Public Accounts Committee for a period of one year which would expire in 4 months.

With respect to the Special Leave Petitions filed by the Secretary West Bengal Legislative Assembly, challenging the interim order of the Calcutta High Court passed in September 2021 asking the speaker to decide on the disqualification of Mukul Roy, the court held that “By Order dated 28.09.2021 the High Court directed the speaker to place the order to be order to be passed for disqualification of Roy before the court and the HC observed that the issue of disqualification is connected with his continuance of chairman of Public Accounts Committee.” The court held that the speaker has decided the petition for disqualification, the court permitted the petitioner is permitted to withdraw the present Special Leave Petition and approach the High Court by filing a Writ Petition. As the said Writ Petition is connected with continuance with Mukul Roy as chairman of PAC it is advisable to hear it with other petitions. The court held that observations of the High Court are prima facie and parties are at liberty to take all legal contentions before the High Court. The Court further directed the High Court to decide the petition in a period of one month.

BJP MLA Ambika Roy had moved the Calcutta High Court challenging the appointment of Mukul Roy to the Public Accounts committee  contending that he had defected to Trinamool Congress, a plea for his disqualification had also been filed before the speaker. The Calcutta High Court vide an interim order had directed the Speaker of the West Bengal Legislative Assembly to decide on Mukul Roy's disqualification and place it before the court. The speaker challenged the same before the Supreme Court . When the matter came up for hearing in November 2021, the Supreme Court asked the Speaker to first decide on Mukul Roy's disqualification, the speaker rejected the plea for disqualification of Mukul Roy on 11th February

Case title: Suvendu Adhikari Vs Speaker of West Bengal