Speaker to Consult Both TMC Factions Before Decision on Recognition Request
The Speaker's office has also sent an email to the Banerjee-led faction — which is now reduced to a rump — seeking its view, they said.
Earlier, sources from Parliament said Birla is likely to seek legal opinion on the defected leaders' demand to be recognised as a separate group after a proposed merger with the little-known Nationalist Citizens Party of India (NCPI).
Any decision on the group's demand will be taken before the Monsoon Session of Parliament, which usually commences in the third week of July, they said.
A decision on whether the breakaway faction gets the recognition will be based on the written opinion of the Union Law Ministry, which will give it after consulting a senior law officer.
The legal opinion will be sought so that the Speaker's decision, if challenged in court, can withstand judicial scrutiny, sources said.
Former Secretary General of the Lok Sabha and constitutional expert PDT Achary cited Paragraph 4 of the 10th Schedule of the Constitution to underline that only a political party can merge with another political party, not MPs or MLAs.
He told PTI that if the leadership of a political party decides to merge with another political party, its MLAs and MPs have to agree on the merger "but MPs or the MLAs alone cannot merge with another political party... this is the Constitutional provision."
A former Election Commission officer, who dealt with political parties in the poll authority, described the current plan of the TMC rebels to merge with the NCPI as an "innovation" that has no mention in either the anti-defection law or the Representation of the People Act.
The crisis in the TMC deepened on Sunday as the defected MPs announced their merger with the NCPI and met Birla seeking a separate seating arrangement in the Lower House.
After the meeting, defected MP Kakoli Ghosh Dastidar said 20 party MPs had signed the representation submitted to the Speaker.
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