Supreme Court sets strict deadlines for EC on TMC name dispute and WB Speaker on disqualification plea: Kalyan Banerjee
The Supreme Court has set strict timelines for the Election Commission on the TMC name dispute and for the WB Speaker on MLA disqualification pleas.
LABEL: FOCUS: Supreme Court EC TMC name dispute LABEL: SEO_TITLE: SC sets deadlines for TMC name and MLA disqualification LABEL: SEO_DESC: The Supreme Court has set strict timelines for the Election Commission on the TMC name dispute and for the WB Speaker on MLA disqualification pleas. LABEL: TAGS: West Bengal, India Politics, India News LABEL: SLUG: supreme-court-deadlines-ec-tmc-name-dispute-wb-speaker
SC sets strict deadlines for EC on TMC name dispute and WB Speaker on disqualification plea
In a significant legal development, the Supreme Court has intervened in two major political matters in West Bengal, imposing strict timelines on both the Election Commission and the Speaker of the West Bengal Legislative Assembly. These rulings address the ongoing Trinamool Congress (TMC) factional dispute and the pending disqualification petitions against several MLAs.
TMC Name Dispute: EC told to act fast
The apex court has stepped in regarding the Article 32 petition filed by Mamata Banerjee-led faction concerning the party's name dispute. While the Election Commission had initially suggested a lengthy timeline of 8 to 10 months to conclude the proceedings, the Supreme Court has significantly compressed this schedule.
According to TMC leader Kalyan Banerjee, the court has mandated a specific sequence of events to ensure a swift resolution:
- Affidavit Submission: The factional group must file their reply or affidavit within four weeks from the date of the order.
- EC Decision: Following the submission of replies, the Election Commission has been directed to decide the matter within a period of three months.
Speaker directed to decide MLA disqualification pleas
In a separate but equally critical matter, the Supreme Court addressed the delay in deciding disqualification petitions filed under the Tenth Schedule of the Constitution. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana heard a writ petition filed by TMC MLA Sohandeb Chattopadhyay.
The petition sought the expeditious disposal of disqualification pleas against 10 MLAs belonging to the Ritabrata Banerjee faction, who are accused of defection. The court noted that these petitions had been pending since July 8.
Citing the precedent set in Keisham Meghachandra Singh v/s Speaker, Manipur Legislative Assembly, the bench emphasized that such petitions should ordinarily be decided within a reasonable period, typically around three months. The court expressed its expectation that the Speaker would reach an appropriate decision within this timeframe.
"We have every reason to believe that the Speaker of the State Assembly is fully cognisant of the principles laid down by this Court, and will make every endeavour to take an appropriate decision within (the said period)," the bench stated.
The MLAs facing disqualification
Senior advocate Kapil Sibal, representing Chattopadhyay, raised concerns regarding a pattern of delays in such proceedings, noting that breakaway factions often use these delays to claim they are the legitimate political party. The 10 MLAs currently facing disqualification petitions include:
- Arup Roy
- Ritabrata Banerjee
- Firad Hakim
- Sandipan Saha
- Seuli Saha
- Akrhruzzaman
- Sabina Yeasmin
- Rathin Ghosh
- Biplab Mitra
- Javed Ahmad Khan