TMC to move Supreme Court over delay in disqualification of 20 rebel MPs
New Delhi: The Trinamool Congress (TMC) has said it will approach the Supreme Court within 10 days to seek disqualification of 20 Lok Sabha MPs who have aligned with the Nationalist Citizens Party of India (NCPI). The move comes after the party expressed dissatisfaction over the lack of progress on its disqualification petitions pending before the Lok Sabha Speaker.
On Wednesday, TMC national general secretary Abhishek Banerjee met Lok Sabha Speaker Om Birla to press for an early decision on the petitions, which were filed in June. Speaking to the media after the meeting, Banerjee said he had not received a satisfactory response from the Speaker's office. “If the Speaker does not decide on these petitions within the period required by law and applicable judicial directions, I will be compelled to approach the Supreme Court and seek its intervention,” he said.
This was not the first time Banerjee has raised the matter with the Speaker. He had previously met Birla on July 27 to urge expeditious action. In a letter submitted during his latest meeting, Banerjee noted that more than five weeks had elapsed since the filing of the petitions, yet no notices had been issued, no hearings scheduled, and no procedural directions passed. He described the continued inaction as a matter of grave concern.
The 20 MPs were elected on the TMC symbol in the 2024 general election but later merged with the NCPI, a newly formed party. The TMC has sought their disqualification under the anti-defection law, arguing that their merger does not qualify as a valid split since it involves less than two-thirds of the party's elected legislators. The anti-defection provisions under the Tenth Schedule of the Constitution allow for disqualification if a member voluntarily gives up membership of their party or votes against party directions, subject to exceptions such as a merger involving at least two-thirds of the party's legislators.
The urgency of the matter has been further heightened by an invitation from Minister of Parliamentary Affairs Kiren Rijiju to the rebel MPs to attend an all-party meeting on July 19 as a separate group. Banerjee said this development underscored the need for an expeditious determination of the petitions. In a separate letter, he also sought revocation of changes to seating arrangements that allowed the rebel members to sit separately in the Lok Sabha.
The TMC delegation, led by Banerjee, submitted the 20 disqualification petitions to Birla on June 19. Since then, the party has repeatedly sought action, but the Speaker has not yet initiated proceedings. With the party now planning to move the Supreme Court, the matter is likely to come under judicial scrutiny.
Political observers note that the case could have broader implications for anti-defection proceedings, as it tests the time frame within which Speakers must act on such petitions. The Supreme Court has previously held that Speakers should decide disqualification petitions within a reasonable period, but there is no fixed statutory deadline.
The rebel MPs have maintained that their actions are legitimate, and the NCPI has argued that the merger is valid under constitutional provisions. The TMC, however, contends that the merger does not meet the legal threshold, as the NCPI is not an original political party and the move is an attempt to circumvent the anti-defection law.
As the TMC prepares to file its petition, the focus will now shift to the Supreme Court, which will determine whether the Speaker's delay warrants judicial intervention. The outcome could set a precedent for similar cases pending in other legislatures.
