SC seeks reply on TMC plea for time-bound decision on disqualification of 20 rebel MPs

The Supreme Court on Tuesday agreed to hear a plea filed by Trinamool Congress (TMC) leader Abhishek Banerjee, who has sought a time-bound decision on the disqualification of 20 party MPs who have aligned with the Nationalist Citizens Party of India (NCPI). A Bench headed by Chief Justice of India Surya Kant issued notice to the Lok Sabha Secretary General and the rebel MPs, returnable in four weeks.

The plea alleges that Lok Sabha Speaker Om Birla is delaying disqualification proceedings under the anti-defection law. Mr. Banerjee had earlier met the Speaker on August 12 and sent a written reminder on July 27, but no decision has been taken. The petition names the Speaker as the first respondent, but the court, after hearing Solicitor General Tushar Mehta, did not issue formal notice to the Speaker.

Mr. Mehta, appearing for the Speaker, argued that there was no need to issue notice to the Speaker, who is a Constitutional authority. He said he was personally present in the court room to represent the Speaker. The Bench, also comprising Justices Joymalya Bagchi and V. Mohana, initially indicated that the Speaker functions as a tribunal under the Tenth Schedule and that formal notice should be sent out of respect for the Constitutional office. However, Mr. Mehta's submission prevailed.

Senior advocate Kalyan Banerjee, representing Mr. Abhishek Banerjee, said formal notice was necessary as other respondents were involved. The court then proceeded to issue notice to the Secretary General and the 20 MPs: Kakoli Ghosh Dastidar, Sudip Bandyopadhyay, Satabdi Roy, Prasun Banerjee, Rachana Banerjee, Jagadish Chandra Barma Basunia, Partha Bhowmick, Arup Chakraborty, Adhikari Deepak Dev, Sayani Ghosh, Bapi Haldar, Md Abu Taher Khan, Kalipada Saren Kherwal, Asit Kumar Mal, June Maliah, Mitali Bag, Khalilur Rahaman, Mala Roy, Sharmila Sarkar, and Yusuf Pathan.

The case stems from a rebellion within the TMC parliamentary party. In July, these 20 Lok Sabha MPs announced they had joined or merged with the NCPI, a Tripura-based political outfit, and sought separate recognition in the House. The rebel MPs have since been treated as an NCPI group in Parliament and have participated in NDA parliamentary activities.

The TMC has argued that the MPs were elected on its symbol and that aligning with another formation amounts to voluntarily giving up party membership, attracting disqualification under the anti-defection law. The rebel group maintains that their move constitutes a valid merger under the Tenth Schedule. The Supreme Court will hear the matter next, with notices issued to all parties concerned.