1 week ago
Supreme Court Seeks Replies From 20 Rebel TMC MPs
Abhishek Banerjee asked India’s Supreme Court to speed up a case involving 20 TMC MPs.
The MPs were elected as members of the Trinamool Congress.
They later said they had joined or merged with another party called the Nationalist Citizens Party of India.
The TMC says this means the MPs gave up their original party membership and should lose their seats.
The rebel MPs say their move was a legal merger.
The Supreme Court has asked the 20 MPs to respond.
The court did not send a formal notice to the Speaker because the government’s top lawyer said he represented him.
The court said the important issue was finishing the proceedings within a time frame.
The Supreme Court sought responses from 20 rebel Trinamool Congress MPs on Abhishek Banerjee’s plea for expedited disqualification proceedings.
Banerjee alleges that Lok Sabha Speaker Om Birla has delayed deciding petitions filed under the Constitution’s anti-defection provisions.
The court did not issue formal notice to Birla after Solicitor General Tushar Mehta said he represented the Speaker and that notices had been issued to the MPs.
The MPs announced that they had joined or merged with the Nationalist Citizens Party of India and sought separate recognition in the Lok Sabha.
The TMC says the move triggered disqualification, while the MPs maintain that it was a valid merger; reports differ over NCPI’s formal recognition and whether it is based in Tripura or Meghalaya.
- Who
- Abhishek Banerjee, 20 rebel Trinamool Congress MPs, Lok Sabha Speaker Om Birla, Solicitor General Tushar Mehta, and the Supreme Court of India.
- What
- The Supreme Court sought responses from the 20 MPs on Banerjee’s plea for a time-bound decision on their possible disqualification.
- Where
- The matter is before the Supreme Court of India and concerns proceedings in the Lok Sabha.
- When
- The plea was listed for August 25, and the court issued notices on a Tuesday; Banerjee wrote to Birla on July 27 and met him on August 12.
- Why
- The TMC alleges that the MPs voluntarily gave up party membership by aligning with NCPI, while the MPs say their move was a valid merger.
Trinamool Congress Position
Rebel MPs’ Position
Whether disqualification applies
Trinamool Congress Position
The TMC says the MPs were elected on its symbol and that joining another political formation amounts to voluntarily giving up TMC membership, triggering disqualification under the anti-defection law.
Rebel MPs’ Position
The rebel MPs say their joining or merger with the Nationalist Citizens Party of India was valid and should not lead to disqualification.
Whether the merger is legally sufficient
Trinamool Congress Position
Banerjee argues that the MPs’ move does not avoid disqualification; one account says he contends that a valid merger requires two-thirds of the political party, not merely its legislature party, to merge.
Rebel MPs’ Position
The rebel camp maintains that its move constitutes a valid merger with NCPI.
Timing of the proceedings
Trinamool Congress Position
Banerjee says the Speaker has delayed deciding the petitions and seeks an expeditious, time-bound conclusion.
Rebel MPs’ Position
The Speaker’s representative said notices had been issued to the MPs, while the court stressed that the issue was concluding the proceedings within a time frame, not merely issuing notices.
Key facts
- Petitioner
- Abhishek Banerjee, TMC general secretary and Lok Sabha leader
- Respondents
- The 20 rebel MPs, Lok Sabha Speaker Om Birla, and the Lok Sabha secretary-general
- Court action
- The Supreme Court sought responses from the 20 MPs
- Speaker’s representation
- Solicitor General Tushar Mehta told the court that he represented the Speaker and that notices had been issued to the MPs
- Constitutional issue
- The case concerns disqualification under the anti-defection provisions in the Constitution’s Tenth Schedule
- Earlier steps
- Banerjee submitted disqualification petitions, wrote to Birla on July 27, and met him on August 12
- Related case
- The Supreme Court is separately hearing a Shiv Sena (Uddhav Thackeray) faction petition concerning recognition of a merger involving six MPs
Quotes
Justice Joymalya Bagchi
Supreme Court judge serving on the bench hearing the disqualification petition
“It is not a question of issuing notices, it is a question of concluding the proceedings within a time frame.”
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NDTV
Sources
SC seeks response from 20 rebel TMC MPs in plea about delayed disqualification proceedings
SC Seeks Reply From 20 Rebel TMC MPs On Abhishek Banerjee’s Plea
Abhishek Banerjee knocks on SC door over delay in disqualification of 20 rebel MPs - Telegraph India
Supreme Court Notice To 20 Trinamool Rebel MPs. Why Speaker Didn't Get One
Supreme Court to hear TMC MP Abhishek Banerjee's plea on rebel MPs - Telegraph India
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