Lawstreet Journal

Supreme Court bench to hear the plea by W.B Legislative Assembly’s speaker challenging Calcutta HC judgment

Lawstreet Journal 25 Feb 2022 10:44pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court bench to hear the plea by W.B Legislative Assembly’s speaker challenging Calcutta HC judgment

Supreme Court bench led by Justice L Nageswara Rao to hear the plea by West Bengal Legislative Assembly’s speaker challenging Calcutta HC judgment directing him to consider disqualification of BJP Turncoat Mukul Roy as MLA

Court: Tell us what is your fundamental right.

Vaidyanathan: The order is arbitrary.

Court: Your quo warranto is pending before HC. You said the term of the PAC is getting over. Your disqualification is to be member of the assembly not PAC

Court: We will direct the Calcutta HC to decide this matter in a month. We will tell them it is to be taken up by the same bench.

Dr.Singhvi: You lordship is sending his Art 32 writ back its fine. The SLP is against the interim order, the order directly injuncts and frowns upon the speaker's order. This can't order.

Court: Go and reagitate before HC.

ORDER:
This WP has been filed under Article 32 challenging the order dated 11th February 2022 passed by the speaker WB assembly dismissing the application for disqualification of Mukul Roy as MLA. After hearing Mr.CS Vaidyanathan, we are of the view that the petitioner can

approach HC assailing the validity. He expressed an apprehension that the WP that he might file under Art 226 would only delay the matter. He submitted that Mr.Mukul Roy was appointed as chairman of PAC for a period of one year which would expire in 4 months.

SLPs filed in 2021 are filed by secretary and returning officer WB legislative assembly and speaker questioning the order the order of Calcutta HC. The… Continue Reading...


Tagged: Supreme Court of India   calcutta high court  
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