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NEW DELHI: By appointing Mukul Roy, the BJP MLA who rejoined the Trinamool Congress (TMC) last month, as the chairman of the Public Accounts Committee (PAC), West Bengal assembly speaker Biman Banerjee may have circumvented not just the established norms and conventions but also constitutional provisions, according to experts.
Mukul Roy, who was a TMC Rajya Sabha MP, had joined the BJP in 2017. He rose to become the BJP’s national vice-president. In the West Bengal assembly election held in March and April, he contested on a BJP ticket from North Krishnanagar constituency and won.
However, he quit the BJP and rejoined the TMC last month in presence of state chief minister and party supremo Mamata Banerjee.
Last month itself, the BJP MLAs petitioned the assembly speaker demanding disqualification of Roy as he had joined the TMC without resigning from their party.
But instead of taking any decision on the petition of the BJP MLAs, the speaker went a step ahead and appointed Roy as the PAC chairman. The post usually goes to an opposition leader.
While the BJP demanded appointment of one of its MLAs to the post, the ruling TMC said Roy was technically an MLA of the opposition party in the house.
The speaker’s action prompted the leader of opposition in the state assembly Suvendu Adhikari to meet governor Jagdeep Dhankhar on Tuesday. He demanded the ouster of Roy as the PAC chairman.
As a mark of protest, BJP MLAs also resigned from eight different house committees. The BJP MLAs may also petition President Ram Nath Kovind and Lok Sabha speaker Om Birla against Roy’s appointment as the chief of the key house panel in the days to come.
Talking to the timesofindia.com, experts faulted West Bengal speaker Biman Banerjee for appointing Mukul Roy as the PAC chairman.
Constitutional expert and former Lok Sabha secretary general PDT Achary said, “The speaker has to decide the disqualification issue first before appointing him (Roy) as PAC chairman. It is pointless to give a position to him without deciding on his disqualification petition.”
A former top officer of the Election Commission said on the condition of anonymity that the speaker was at fault. “If you look at it as a standalone incident, the BJP is right in demanding the removal of Roy as the PAC chairman. The speaker must adjudicate the disqualification issue first. He should assign reasons for accepting or rejecting the BJP’s petition.”
The officer cited Tenth Schedule of the Constitution and said Roy should have automatically been disqualified as an MLA on joining the TMC. The speaker should have made an announcement to this effect.
The officer also pointed out that a unique situation had arisen out of the speaker’s decisions. “If the speaker’s actions are to be analysed, Mukul Roy holds a dual party membership. He is technically a BJP MLA inside the house and a TMC MLA outside.”
Holding the appointment of Roy as PAC chief as wrong, national in-charge of BJP’s information and technology department and co-incharge of West Bengal Amit Malviya too expected the speaker to adjudicate the disqualification issue first. “The speaker cannot keep sitting on a petition. He has to give reasons for not disqualifying Roy,” he said.
Sources said the BJP may move court against the speaker’s decisions if Roy was not disqualified as an MLA.
Mukul Roy, who was a TMC Rajya Sabha MP, had joined the BJP in 2017. He rose to become the BJP’s national vice-president. In the West Bengal assembly election held in March and April, he contested on a BJP ticket from North Krishnanagar constituency and won.
However, he quit the BJP and rejoined the TMC last month in presence of state chief minister and party supremo Mamata Banerjee.
Last month itself, the BJP MLAs petitioned the assembly speaker demanding disqualification of Roy as he had joined the TMC without resigning from their party.
But instead of taking any decision on the petition of the BJP MLAs, the speaker went a step ahead and appointed Roy as the PAC chairman. The post usually goes to an opposition leader.
While the BJP demanded appointment of one of its MLAs to the post, the ruling TMC said Roy was technically an MLA of the opposition party in the house.
The speaker’s action prompted the leader of opposition in the state assembly Suvendu Adhikari to meet governor Jagdeep Dhankhar on Tuesday. He demanded the ouster of Roy as the PAC chairman.
As a mark of protest, BJP MLAs also resigned from eight different house committees. The BJP MLAs may also petition President Ram Nath Kovind and Lok Sabha speaker Om Birla against Roy’s appointment as the chief of the key house panel in the days to come.
Talking to the timesofindia.com, experts faulted West Bengal speaker Biman Banerjee for appointing Mukul Roy as the PAC chairman.
Constitutional expert and former Lok Sabha secretary general PDT Achary said, “The speaker has to decide the disqualification issue first before appointing him (Roy) as PAC chairman. It is pointless to give a position to him without deciding on his disqualification petition.”
A former top officer of the Election Commission said on the condition of anonymity that the speaker was at fault. “If you look at it as a standalone incident, the BJP is right in demanding the removal of Roy as the PAC chairman. The speaker must adjudicate the disqualification issue first. He should assign reasons for accepting or rejecting the BJP’s petition.”
The officer cited Tenth Schedule of the Constitution and said Roy should have automatically been disqualified as an MLA on joining the TMC. The speaker should have made an announcement to this effect.
The officer also pointed out that a unique situation had arisen out of the speaker’s decisions. “If the speaker’s actions are to be analysed, Mukul Roy holds a dual party membership. He is technically a BJP MLA inside the house and a TMC MLA outside.”
Holding the appointment of Roy as PAC chief as wrong, national in-charge of BJP’s information and technology department and co-incharge of West Bengal Amit Malviya too expected the speaker to adjudicate the disqualification issue first. “The speaker cannot keep sitting on a petition. He has to give reasons for not disqualifying Roy,” he said.
Sources said the BJP may move court against the speaker’s decisions if Roy was not disqualified as an MLA.
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