Supreme Court issues notice to 20 rebel TMC MPs in disqualification plea

The petition was filed by TMC general secretary and Lok Sabha leader Abhishek Banerjee, who has challenged the alleged delay in deciding the party's disqualification petitions against the MPs.

A three-judge bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi heard the matter and issued notices to the 20 MPs.

The case centres on the MPs' decision to join or merge with the National Citizens Party of India (NCPI), a political outfit based in Tripura, and subsequently align themselves with the National Democratic Alliance (NDA).

Abhishek Banerjee seeks time-bound decision

Abhishek Banerjee has approached the Supreme Court seeking directions for an expeditious decision by Lok Sabha Speaker Om Birla on the disqualification petitions filed by the TMC.

The TMC has argued that the MPs were elected on the party's symbol and that their decision to associate themselves with another political formation amounts to voluntarily giving up membership of the party.

The party has invoked the anti-defection law in seeking action against the MPs.

During Tuesday's proceedings, Solicitor General Tushar Mehta appeared for the Lok Sabha Speaker and told the court that he had instructions to state that the Speaker had already issued notices on the disqualification petitions.

The Supreme Court had earlier indicated that it could issue notice to the Speaker as well. However, the court did not issue such a notice following Mehta's submission.

SC stresses time frame for proceedings

Mehta told the bench that the Speaker had initiated the process by issuing notices in connection with the disqualification petitions.

Justice Joymalya Bagchi, however, stressed that the issue before the court was not merely whether notices had been issued but whether the proceedings would be completed within a reasonable time.

“It is not a question of issuing notices; it is a question of concluding the proceedings within a time frame,” Justice Bagchi said.

The observation came in response to the Solicitor General's submission regarding the action already taken by the Speaker.

The court's notice to the rebel MPs now brings their defection dispute directly into the Supreme Court proceedings.

TMC calls Supreme Court development a major win

Reacting to the hearing, senior TMC leader Kalyan Banerjee, who appeared for Abhishek Banerjee, described the development as a significant victory for the party.

Kalyan Banerjee said the court would soon indicate a date in connection with the matter.

The petition challenges what the TMC describes as an undue delay in deciding the disqualification proceedings initiated against the 20 MPs.

The proceedings are centred on whether the MPs' move to another political formation amounts to voluntarily giving up their membership of the TMC and therefore attracts the provisions of the anti-defection law.

Rebel MPs maintain merger was valid

The dispute began after 20 TMC Lok Sabha MPs announced that they had joined or merged with the NCPI and sought separate recognition in the House.

The rebel MPs have subsequently been treated as an NCPI group in Parliament and have participated in NDA meetings.

The rebel camp has maintained that its move constitutes a valid merger, rejecting the TMC's contention that the MPs have voluntarily abandoned their membership of the party.

The question of whether the move qualifies as a legally valid merger is therefore central to the disqualification proceedings.

The TMC, meanwhile, maintains that the MPs were elected on its ticket and that their subsequent political alignment triggers the anti-defection provisions.

Who are the 20 MPs facing the plea?

The petition names 20 TMC MPs against whom disqualification proceedings have been sought. They are 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 Halder, Md Abu Taher Khan, Kalipada Saren Kherwal, Asit Kumar Mal, June Maliah, Mitali Bag, Khalilur Rahaman, Mala Roy, Sharmila Sarkar and Yusuf Pathan.

The Lok Sabha Speaker and the Secretary General have also been named as respondents in the petition.