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Bharatiya Janata Party leader of opposition in Bengal, Suvendu Adhikari has approached the Supreme Court against an order of the Speaker of West Bengal Legislative Assembly dismissing the disqualification petition filed by the Adhikari herein against MLA Mukul Roy.

The plea has alleged that the Speaker is seen publicly expressing his support for the All Indian Trinamool Congress and its leader Ms. Mamata Banerjee and admitting that he had joined the All India Trinamool Congress.

It has alleged that the Speaker has failed to exercise jurisdiction vested in him under the Tenth Schedule to the Constitution because it did not consider the pleadings of the parties and it failed to appreciate that Roy gave a bald and evasive denial in his reply to the specific allegation made by Adhikari that Roy had defected to the All India Trinamool Congress.

After the taking oath as an MLA, Roy without resigning from the BJP or as an MLA of Krishnanagar Uttar Constituency all of a sudden voluntarily gave up membership of the Bharatiya Janta Party and defected to AITC in the presence of the incumbent Chief Minister of the State, Ms. Mamata Banerjee at the AITC’s party office. In that context, it is alleged that Roy has become liable for disqualification under the provisions of the Tenth Schedule to the Constitution of India.

Earlier, the Supreme Court had asked the Speaker of West Bengal Legislative Assembly to pass an order on the disqualification of MLA Mukul Roy before the 3rd Week of January. The court had further said that the matter will be considered only if the order on disqualification is passed by the speaker.

In addition to this, The Calcutta High Court had on 28^th September passed an order directing the speaker of the Legislative Assembly to pass an order on the petition filed by Ambika Roy, a BJP, MLA, seeking disqualification of Mukul Roy on the ground that he had defected to Trinamool Congress from BJP and that 3 months had elapsed since the petition for disqualification has been filed. The writ petition before the High Court was filed on the ground that Mukul Roy has been appointed as the chairman of the Public Accounts Committee (PAC) despite the defection.

Case Title: Suvendu Adhikari Vs. Hon’ble Speaker West Bengal Legislative Assembly and Ors.