SC Asks Speaker For Swift Decision On Plea Against 20 Rebel TMC MPs

New Delhi:The Supreme Court on Wednesday said it expected Lok Sabha Speaker Om Birla to decide expeditiously on petitions seeking the disqualification of 20 rebel Trinamool Congress MPs who have joined the Nationalist Citizens Party of India (NCPI). The court said it was aware it could not direct the Speaker, but wanted to remind him of the need for an early decision.

A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing a plea filed by TMC MP Abhishek Banerjee, who has challenged the delay in deciding the disqualification petitions.

Senior advocate Kalyan Banerjee, appearing for Abhishek Banerjee, said the rebel MPs had sought more time to respond to notices issued to them. Solicitor General Tushar Mehta, appearing for the Speaker, told the court that notices had already been issued on the disqualification petitions.

“The Speaker is expected to know what he has to do. He knows the seriousness of the matter,” Mehta said.

The CJI observed: “We will expect anything which is required to be decided expeditiously, the very nature of the lis... Demands early adjudication. We just want to remind him about expeditious resolution.”

Mehta questioned whether one constitutional authority could remind another of its duty. “Can a constitutional functionary remind another constitutional functionary of his constitutional duty?” he asked, urging the court not to set a deadline for the Speaker.

Justice Bagchi said the court was seeking a prompt decision in view of the importance of the anti-defection provisions. “We just remind the authority of ensuring expeditious resolution, keeping in mind the paramount importance of the 10th Schedule. We may not give imperative directions, but keeping in mind the decision in the Keisham Meghachandra Singh case... Have resolution of this issue expeditiously.”

In the Keisham Meghachandra Singh case, the Supreme Court held that a Speaker should decide disqualification petitions within a reasonable time, preferably three months. Justice Bagchi asked Mehta whether he could provide a timeline for a decision in the present case.

“I will not make any commitment. I will explore... This court’s monitoring may not be justified. I would urge not to fix Speaker’s schedule,” Mehta replied.

The court recorded the rebel MPs’ submission that they would file their replies within four weeks and adjourned the matter.

Abhishek Banerjee, the MP from Diamond Harbour, had filed separate petitions before the Speaker seeking the MPs’ disqualification and later urged him to decide them quickly. He contends that the MPs, who were elected on TMC tickets, voluntarily gave up their party membership by joining another political formation. The rebel MPs maintain that their move is a valid merger. The Speaker has yet to decide the dispute.

The Supreme Court had earlier issued notices to the 20 MPs on Abhishek Banerjee’s plea.