3-month Delay in TMC MPs’ Disqualification Pleas a ‘Red Flag’: SC

New Delhi: The Supreme Court on Wednesday flagged as a “red flag” the three-month delay in deciding disqualification petitions against 20 rebel Trinamool Congress (TMC) Lok Sabha MPs, while stopping short of imposing a fixed deadline on Speaker Om Birla.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a plea by TMC MP Abhishek Banerjee seeking expeditious disposal of 20 disqualification petitions filed before the Lok Sabha Speaker.

Justice Bagchi said the delay was significant as the outcome of the proceedings could have repercussions beyond the disqualification issue, including on other proceedings and the democratic process.

“There are cases and cases. A few months may be a red flag and that is well taken. Mr Chandra's petition makes a red flag that three months have lapsed. Why have you not finished it, when it is a matter of moments and has repercussions in various collateral proceedings and also the democratic process of the country?” he observed.

Senior advocate Kalyan Banerjee, appearing for Abhishek Banerjee, told the bench that the Speaker issued notices to the MPs on August 5, granting them 14 days to respond. The deadline was subsequently extended to September 22 after the MPs sought additional time. A further extension has now been sought.

Referring to the Supreme Court’s 2020 judgment in Keisham Meghachandra Singh vs Speaker, Manipur Legislative Assembly, Banerjee said the apex court had indicated three months as the outer limit for deciding disqualification pleas in the absence of exceptional circumstances.

Solicitor General Tushar Mehta, appearing for the Speaker, opposed fixing a judicial timeline, saying the MPs must be given adequate opportunity to respond.

“The Court may not consider fixing any time limit. The Speaker is expected to know what is supposed to be done. Everyone will have to be given an opportunity,” Mehta submitted.

He further submitted that the Speaker, being a constitutional functionary, may have to examine evidence and arguments depending on the nature of each case.

Justice Bagchi said the top court was not seeking to impose an inflexible timeline but stressed that the Speaker must discharge the constitutional responsibility attached to the office.

“The Speaker needs to apply himself to the constitutional role assigned,” Justice Bagchi said, while noting that some disqualification disputes could be straightforward while others may require more time.

The bench ultimately kept the plea pending instead of fixing a deadline and decided to seek an update on the progress of the proceedings.

The matter has been posted for hearing after six weeks.

Banerjee has approached the apex court challenging the alleged delay in deciding the disqualification proceedings against rebel MPs and has sought a direction to Speaker Om Birla to conclude the proceedings expeditiously.

The TMC has accused the 20 MPs of abandoning the party and subsequently joining the Nationalist Citizens Party of India (NCPI). Banerjee has contended that their conduct attracts disqualification under the anti-defection provisions of the Constitution.

The petition has arrayed the Lok Sabha Speaker and the House Secretary General as the principal respondents in the petition, while also impleading the 20 MPs whose disqualification is being sought.

The respondents include 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 Pathan Yusuf.

The rebellion in the TMC follows the party's defeat in the West Bengal assembly elections.