1. 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 Constitution

2. 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.

In such cases, the PAC also records its opinion either disapproving the action of the government or passing strictures against the extravagance or lack of proper control by the Ministry or Department concerned. As such, the very purpose of legislative control of the House over executive spending, which is one of the most important functions of the Legislative Assembly, will be rendered meaningless if PAC is indirectly controlled by the government and the chairman is the mouthpiece of the executive.

The underlying purpose is to ensure scrutiny of public finances by independent supervision to be undertaken by a House Committee such as the PAC, i.e. to ensure that the “Executive remains responsible to the Legislature.” The independence of the PAC is essential to enforce executive accountability to the House. While so, it is argued that Mukul Roy is incapable of working with the necessary objectivity and impartiality. His appointment would dilute the PAC’s independence and interfere with its power to regulate the accountability of the Executive in the field of financial administration, the petitioner added.

3. The speaker’s knowledge of the disqualification proceedings against Mukul Roy and the haste with which he appointed Mukul Roy as PAC Chairman, while the disqualification proceedings were pending, shows utter disregard for established Constitutional norms, is a fraud on the Constitution, and is malice in law and fact which renders the appointment illegal and malafide, the petitioner further contended. Mukul Roy could not have been elected as a member of the PAC without first deciding whether he belonged to the BJP or any other party, including the AITC, the petitioner asserted.

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