Read Time: 07 minutes

A Supreme Court Bench of Justices L.Nageshwar Rao and Hima Kohli today 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 further informed that the matter will be considered only if the order on disqualification is passed by the speaker.

The Calcutta High Court had on 28th 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.

When the hearing commenced, Abhishek Manu Singhvi, Senior Advocate, appearing for the speaker of West Bengal Assembly contended that the order is “rife with fundamental legal errors in a proceeding that has nothing to do with defection”. The court at this point questioned Singhvi as to why the matter was not heard on 7th October. Singhvi replied to this saying that it was adjourned. 

Singhvi argued that appointment of Mukul Roy by the speaker is not a proceeding in the assembly and hence the court cannot interfere in it. He submitted that if a speaker of Lok Sabha appoints someone to the committee, can a writ of quo warranto be filed to challenged it. He submitted that the High Court held that  Mukul Roy's appointment as chairman is not an irregularity but a blatant illegality and that a court cannot decide on such issues. It was argued that the court had held that Mukul Roy had defected to TMC prior to the speaker deciding it. 

The bench at this point questioned Singhvi if the speaker had passed on order pursuant to the order of the court since more than a month has elapsed since the order of Calcutta High Court. Dr. Singhvi submitted that the case has been adjourned before the Calcutta High Court in view of the SLP filed before the Supreme Court and that speaker will hear it on 21st December. The court questioned Singhvi saying that they have been taking adjournment in the case despite not passing any order on defection. Singhvi submitted that the court cannot micro manage the calendar of the speaker. Justice Kohli informed Singhvi that if the court had micro managed, an order would already have been passed.

Singhvi retorted to this saying that it is the petitioner's prayer asking the court to micro manage the calendar of the speaker. Shekhar Naphade, senior advocate, appeared for the respondents. However the bench was not inclined to hear the matter on merits since the speaker is yet to hear the petition for disqualification and that they will hear the petition upon the speaker decides the disqualification.

The court on hearing the parties noted that they were informed that the petition for disqualification is listed before the speaker on 21st December and hopes that the speaker will decide the petition in accordance with law. The court has now adjourned the matter to 3rd week of January.

Case title: The Hon'ble Speaker of West Bengal Assembly Vs Ambika Roy