SC says Bengal Assembly Speaker is cognisant of time frame to decide on disqualification of TMC rebels
In a January 2020 verdict delivered on a plea related to Manipur, the apex court had said that disqualification petitions filed before the Speaker must be decided within three months.
On Monday, the top court was hearing a plea filed by Mamata Banerjee-led TMC faction MLA Sohandeb Chattopadhyay seeking a direction to the Speaker to expeditiously decide the disqualification petition filed against the 10 rebel MLAs, including Leader of Opposition Ritabrata Banerjee.
"We will say the Speaker will follow the law laid down," observed a bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana.
Senior advocate Kapil Sibal, appearing for Chattopadhyay, referred to the pattern of delaying the decision on the disqualification petitions.
"We should see the mirror before giving such directions. There are so many statutes where the judiciary is required to complete the proceedings within a time frame. We are gloriously in breach of it...," the bench observed.
The top court noted that in this matter, the period of three months would expire on October 8.
The court said that in the 2020 verdict, it had authoritatively ruled that while deciding a disqualification petition, the Speaker was expected to take a decision within a reasonable period, which would be three months.
"We have every reason to believe that the (West Bengal Assembly) Speaker is fully cognisant of the decision of this court and will make an endeavour to take an appropriate decision within the time frame fixed," the bench said while disposing of the plea.
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