The Supreme Court on Monday urged the Speaker of the West Bengal Legislative Assembly to take a decision by October 8 on disqualification petitions filed against 10 legislators belonging to a rival Trinamool Congress faction.
A Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, was hearing a petition filed by TMC MLA Sohandeb Chattopadhyay seeking an early decision on the disqualification proceedings. The petitions were filed under the Tenth Schedule of the Constitution, which contains India's anti-defection provisions.
Supreme Court Refers to Three-Month Timeframe
The Bench referred to its earlier judgment in Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly, which held that the Speaker, while deciding disqualification petitions, exercises a tribunal-like constitutional function and should ordinarily act within a reasonable period.
The 2020 judgment had indicated three months as a reasonable period in the absence of exceptional circumstances. The Supreme Court said it had reason to believe that the West Bengal Speaker was aware of the principles laid down in that judgment and would make efforts to take an appropriate decision within the applicable timeframe.
The Court ultimately disposed of Chattopadhyay's petition rather than itself deciding whether any of the 10 legislators should be disqualified.
Disqualification Petitions Concern 10 Rebel TMC MLAs
The petitions concern 10 MLAs associated with the faction led by Ritabrata Banerjee. Those named in the proceedings include Ritabrata Banerjee, Arup Roy, Firhad Hakim, Sandipan Saha, Akhruzzaman Ansari, Shiuli Saha, Sabina Yasmin, Biplab Mitra, Javed Khan and Rathin Ghosh.
The petitions were filed by the Mamata Banerjee-led TMC faction, which has alleged that the legislators acted against the party's interests. Those allegations remain subject to the proceedings before the Speaker.
The Supreme Court's latest proceedings did not determine whether the MLAs had incurred disqualification. The immediate issue before the Court was the timeframe for disposal of the pending petitions.
Tenth Schedule Proceedings Remain With Speaker
Under the constitutional framework, disqualification proceedings under the Tenth Schedule are initially decided by the Speaker of the concerned legislature. The Supreme Court's earlier judgment has provided guidance on the reasonable timeframe within which such petitions should ordinarily be considered.
The case is part of a wider dispute within the TMC following political changes in West Bengal. Separate proceedings concerning the party's organisational control, leadership and election symbol are also underway, but those issues were not decided in Monday's proceedings.
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Court Stops Short of Deciding the Merits
The Supreme Court's order does not amount to a finding that any of the 10 MLAs violated the anti-defection law. The merits of the disqualification petitions remain before the West Bengal Assembly Speaker.
The latest development therefore places the focus on the Speaker's decision-making process and the timeframe for completing the pending proceedings, while separate political and legal disputes involving the rival TMC factions continue.