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Supreme Court Flags Delay in Rebel TMC MPs’ Disqualification
The Supreme Court is reviewing why a decision about 20 rebel Trinamool Congress MPs has taken several months.
The MPs had announced that they were joining another political party.
Abhishek Banerjee asked the court to make the Speaker decide the case quickly.
The court said the delay was a warning sign but did not set a firm deadline.
The Speaker had sent notices to the MPs and allowed them more time to answer.
The Speaker’s lawyer said the MPs should be given a fair chance to explain themselves.
The Supreme Court will ask for an update and hear the matter again after six weeks.
The final decision about whether the MPs should lose their seats has not yet been made.
The Supreme Court called the Speaker’s three-month delay in deciding petitions against 20 rebel Trinamool Congress MPs a “red flag.”
The court declined to impose a deadline, keeping the petition pending and seeking an update after six weeks.
The petitions were filed on June 19 by Abhishek Banerjee, who cited the Constitution’s 10th Schedule.
The Speaker issued notices on August 5 and extended the MPs’ response deadline to September 22 after they sought more time.
The Speaker’s lawyer said the MPs must have an opportunity to respond and opposed a fixed timetable.
- Who
- The Supreme Court, Lok Sabha Speaker Om Birla, Abhishek Banerjee, and 20 rebel Trinamool Congress MPs.
- What
- The Supreme Court reviewed the delay in deciding disqualification petitions against the 20 MPs and called the delay a “red flag.”
- Where
- The proceedings concern the Lok Sabha and were heard by the Supreme Court.
- When
- The petitions were filed on June 19; notices were issued on August 5, and the Supreme Court will revisit the matter after six weeks.
- Why
- Abhishek Banerjee sought an early decision, arguing that the Constitution’s 10th Schedule requires disqualification when a member voluntarily gives up party membership.
Petitioners’ Position
Speaker’s Position
Need for a quick decision
Petitioners’ Position
Abhishek Banerjee’s side argued that the petitions should be decided within a reasonable period, citing an earlier judgment that indicated three months unless exceptional circumstances exist.
Speaker’s Position
The Speaker’s side opposed a fixed time limit and argued that the MPs must be given an opportunity to respond.
Whether there has been undue delay
Petitioners’ Position
The petitioners said the delay was significant and pointed to the lack of a decision after several months.
Speaker’s Position
Solicitor General Tushar Mehta argued that there had been no undue delay because notices were issued in August and the MPs’ responses were still part of the process.
Key facts
- Petitions filed
- June 19 by Abhishek Banerjee
- MPs involved
- 20 of the Trinamool Congress’s 28 Lok Sabha MPs
- Speaker
- Om Birla
- Court’s assessment
- The three-month delay was described as a “red flag”
- Response deadline
- September 22, after the Speaker extended the original deadline
- Next hearing
- The matter will be heard again after six weeks
- Court’s decision
- No fixed deadline was imposed
Quotes
Justice Joymalya Bagchi
Supreme Court judge and member of the bench hearing the disqualification petition
“A few months may be a red flag and that is well taken. 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?”
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Sources
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