The apex court, which did not issue notice on the appeals, took note of the submissions of senior advocate A M Singhvi, appearing for Banerjee, that the disqualification plea is scheduled for hearing on December 21 before the Speaker.
THE SUPREME Court on Monday asked the West Bengal Assembly Speaker to decide “expeditiously” the petition for disqualification of MLA Mukul Roy who defected from the BJP to TMC after Assembly elections in the state.
“We direct the Speaker, West Bengal Legislative Assembly, to decide the petition filed under the Tenth Schedule for disqualification of respondent No.2 expeditiously,” ordered a bench of Justices L Nageswara Rao and Hima Kohli.
Speaker Biman Banerjee had moved a Special Leave Petition (SLP) in the SC against the HC order asking him to decide on the disqualification and place the order before it by October 7.
The HC order came on a plea by BJP MLA Ambika Roy challenging Mukul Roy’s appointment as chairman of the Public Accounts Committee (PAC).
Appearing for the Speaker Monday, senior advocate Abhishek Manu Singhvi said though the Speaker was scheduled to hear the matter on November 12, it was deferred to December 21 as the SLP had been filed in the top court.
Justice Rao said there is a general practice of Speakers sitting on defection petitions. “There are so many cases where there is a delay by the Speaker… we are told you stay away, let the Speaker decide,” he remarked.
Singhvi said courts must interfere only when there is egregious delay and the instant case does not warrant such interference.
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