Read more: Calcutta HC grants Abhishek Banerjee protection from coercive action in 3 criminal cases
A three-member bench, comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, issued notice to the rebel MPs and sought their responses but refrained from issuing notice to LS Speaker Om Birla.
Solicitor General Tushar Mehta, appearing on behalf of the Central government, urged the Bench not to issue notice to the LS Speaker. “I have some reservations about issuing notice to the Speaker,” Mehta said.
“We are not to pass any order against a constitutional authority, but to ensure that it is done in a timely manner. That is the most important,” Justice Bagchi verbally remarked. The Bench clarified that it is issuing notices to other respondents.
During the hearing, Mehta informed the SC that notices had been served to the 20 MPs. In the notice issued to all the 20 rebel TMC MPs separately, the Speaker’s office sought their response to Banerjee’s plea seeking their disqualification under the anti-defection law. They are to submit it within seven days of receiving the notice.
Banerjee had filed 20 separate petitions on June 18 this year against the 20 MPs seeking their disqualification under Rule 6 of the Members of Lok Sabha (Disqualification on ground of Defection) Rules, 1985.The rebel MPs had merged with NCPI later and demanded recognition as a separate political entity from TMC.
Before the Parliament session, the Speaker provided for a separate seating arrangement for the 20 rebel MPs. However, the Speaker’s office has not yet recognised them as a parliamentary party.
The argument present by the TMC in the petition before the Speaker is that these MPs have been elected on a TMC ticket and their decision to join another political party should be treated as voluntarily after giving up the membership from the party as well as the LS under Tenth Schedule of the Constitution.
