Calcutta High Court orders West Bengal Speaker to decide disqualification petition against Mukul Roy

The Calcutta High Court on Tuesday ordered the Speaker of the West Bengal Legislative Assembly, Biman Banerjee to decide the disqualification petition filed against Mukul Roy who had joined the All India Trinamool Congress Party (AITC) after he won the 2021 assembly elections on a Bharatiya Janata Party (BJP) ticket in May this year (Ambika Roy v. Hon’ble Speaker, West Bengal Legislative Assembly and ors)..The Bench of Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj was hearing the plea by BJP MLA Ambika Roy challenging appointment of Mukul Roy as the chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly.The Court said that in order to decide the plea relating to appointment as PAC chairman, the decision on disqualification petition would be relevant."From the facts which have come on record, we find that the issue pertaining to disqualification of the respondent No. 2 (Mukul Roy) as Member of the Legislative Assembly is co-related with him being the Chairman of the Committee on Public Accounts," the Court said.The Court also noted that the disqualification petition is pending before the speaker for the last three months, the maximum period prescribed by the Supreme Court in Keisham Meghachandra Singh’s case for deciding such petitions.It therefore, ordered the speaker of the assembly to place before the Court the order appointing Roy as PAC chairperson failing which there will be action."Before we proceed further in the matter let the respondent No. 1 place before us the order passed in the petition filed for disqualification of respondent No. 2 as Member of the Legislative Assembly. Adjourned to October 7. In case of failure this Court will decide further course of action to be taken in the matter," the judgment said.The Court also upheld the maintainability of the petition by Amibka Roy saying that the matter involves Constitutional issues. The petition will be taken up for hearing next on October 7.Ambika Roy has challenged the appointment of Mukul Roy as PAC chairman citing his shift of allegiance to the AITC after he won the assembly elections on BJP) ticket..The petitioner had contended that the post should not be given to Roy as he had defected to the ruling party (AITC)."Since 1967, after the constitution of the fourth legislative assembly of West Bengal, a leading member of the opposition was always chosen as the Chairman of the PAC. Since then, this practice of appointing opposition member as chairman of PAC has been followed consistently, which has now assumed the character of a constitutional convention and ought to be followed by Respondent 2 (Mukul Roy)", the petitioner stated.The petitioner had submitted that appointing Roy as the PAC chairperson would amount to a fraud on Constitution in view of his defection to TMC.The object of PAC is to conduct an independent scrutiny of executie spending and the chairperson of such a body cannot be a mouthpiece of the ruling party, it was submitted..Case BackgroundAs per Rule 301 of the Rules of Procedure and Conduct of Business of the West Bengal Legislative Assembly, a Committee of Public Accounts (PAC) is to be constituted based on the principle of proportional representation for each party in the West Bengal Legislative Assembly, the petitioner noted.Applying the principle of proportional representation, 14 seats would be reserved for AITC and 6 for the BJP in the PAC.However, on June 24, Mukul Roy, without BJP’s support and without disclosing his party affiliation in the nomination papers, filed his nomination for election to the PAC, it was recanted.The same day, two BJP MLAs, Ambika Roy (petitioner) and Bishnu Prasad filed objections before the Secretary, West Bengal Legislative Assembly challenging Mukul Roy’s nomination to the PAC. Bishnu Prasad’s and Ambika Roy’s objection petitions were rejected citing a technical ground that objections are not considered at the stage of scrutiny, it was submitted.On June 24, 20 MLAs including MLA Mukul Roy were elected as PAC members. On July 9, the Speaker appointed Mukul Roy as the chairman of the PAC for 2021022. On July 13, ten BJP MLAs including, Ambika Roy, made a representation to the Governor seeking intervention on the election and nomination of Mukul Roy to the PAC, stating that Constitutional values have been compromised. Following this, the PIL was moved in the High Court..Roy contended that Constitutional convention obligates the Speaker to appoint or nominate a leader of the opposition as the PAC Chairman. However, the appointment has gone to Mukul Roy who won the elections on a BJP ticket, but who defected to the AITC on June 11, without resigning from the BJP. In view of the same, BJP MLA Suvendu Adhikari had also presented a petition to the Speaker seeking Mukul Roy's disqualification on the ground of defection since there was a violation of the provisions of the Xth schedule of the ConstitutionIt was submitted that the PAC Chairman cannot be a mouthpiece of the executive. The petitioner highlighted that the PAC is tasked with examining cases involving losses, nugatory expenditure and financial irregularities. When any case of proved negligence resulting in loss or extravagant spending is brought to the Committee's notice, the Ministry concerned is called upon to explain as to what action, disciplinary or otherwise, has to be taken to prevent a recurrence..[Read Judgment]