SC asks TMC leader Chattopadhyay to approach Calcutta HC over rebel MLAs' disqualification

New Delhi: The Supreme Court on Thursday declined to entertain a plea filed by senior Trinamool Congress (TMC) leader Sovandeb Chattopadhyay seeking disqualification of 10 rebel party MLAs, including Leader of Opposition Ritabrata Banerjee, under the anti-defection law, and asked him to approach the Calcutta High Court.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that the appropriate remedy at this stage would be to approach the Calcutta High Court and granted liberty to the petitioner to file an appropriate petition before it.

The apex court also requested the Chief Justice of the Calcutta High Court to place the matter before a Division Bench for expeditious consideration.

During the hearing, counsel appearing for Chattopadhyay submitted that the disqualification petitions had been filed on July 8 and that nearly five months had elapsed without a decision.

The counsel argued that the issue was covered by the Supreme Court's earlier directions and sought an early hearing by a Division Bench of the High Court to avoid further rounds of intra-court appeals.

Dictating the order, the CJI Kant-led Bench observed that the petitioner should take recourse to the Calcutta High Court and accordingly disposed of the petition at this stage, granting liberty to file an appropriate petition before the High Court.

The writ petition, filed by veteran TMC legislator Sovandeb Chattopadhyay, had sought directions for the disqualification of 10 rebel MLAs, including Ritabrata Banerjee and former Kolkata Municipal Corporation (KMC) Mayor Firhad Hakim, under the Tenth Schedule of the Constitution.

It had also sought directions against the Speaker of the West Bengal Legislative Assembly, Rathindra Bose, for failing to decide the disqualification petitions within the timeframe indicated by the Supreme Court.

This was the second time Chattopadhyay had approached the apex court over the issue. In September, he moved the Supreme Court seeking the disqualification of the 10 MLAs after the Speaker failed to take a decision on the petitions submitted by the Mamata Banerjee-led faction. On September 28, a Bench of CJI Surya Kant, and Justices Joymalya Bagchi and V. Mohana had disposed of the earlier petition, expressing the hope that the Speaker would decide the disqualification proceedings within three months.

The apex court had observed that the three-month period was due to expire on October 8, and expressed confidence that the Speaker would take an appropriate decision within the stipulated timeframe.

However, with no decision communicated on the disqualification petitions, Chattopadhyay approached the Supreme Court again.

Apart from Ritabrata Banerjee and Firhad Hakim, the other MLAs against whom disqualification was sought include Sandipan Saha, Arup Roy, Seuli Saha, Akhruzzaman, Sabina Yeasmin, Rathin Ghosh, Biplab Mitra and Javed Ahmed Khan.

The disqualification proceedings stem from an internal party dispute in the Trinamool Congress, with the Mamata Banerjee-led faction seeking action against the 10 legislators under the anti-defection provisions.

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