News Analysis India

Tag: Mukul Roy

  • Next hearing of TMC leader Mukul Roy disqualification case on April 28

    By PTI

    KOLKATA: The next hearing of the Mukul Roy disqualification case as an MLA will take place in West Bengal Assembly on April 28, an assembly official said.

    Calcutta High Court had last week set aside Speaker Biman Banerjee’s order which had dismissed a petition by Leader of Opposition Suvendu Adhikari seeking disqualification of TMC lawmaker Mukul Roy as a member of the House on the ground of defection and restored the matter for fresh consideration.

    Roy, a former BJP national vice-president, had defected to the ruling TMC from BJP in June 2021 after winning the assembly poll on a BJP ticket in March-April state poll.

    “The lawyers of both Roy and Adhikari were present at the Speaker’s chamber to and placed their arguments. The next hearing will take place on April 28,” an assembly official said.

    In February this year, West Bengal Assembly Speaker Biman Banerjee had dismissed the petition filed by Leader of the Opposition Suvendu Adhikari seeking Mukul Roy’s disqualification as an MLA under the anti-defection law for switching sides after elections.

    Adhikari had filed the petition before the speaker on June 17 last year.

    BJP MLA Ambika Roy had moved the high court in July challenging Roy’s election as chairman of the Public Accounts Committee (PAC) and prayed for the nomination of an opposition member to the post as per tradition.

  • Hearing of Mukul Roy disqualification case to begin again in Assembly: West Bengal Speaker

    By PTI

    KOLKATA: The hearing into Mukul Roy’s disqualification as an MLA will begin again in West Bengal assembly, Speaker Biman Banerjee, who had earlier dismissed a petition on it, said on Monday. Assembly sources said the hearing in the case is likely to begin this Friday. “The honourable court has sent a reminder. I will look into it legally. I will call both parties and hold a hearing,” Banerjee told reporters here.

    Calcutta High Court had last week set aside the speaker’s order dismissing a petition by Leader of Opposition Suvendu Adhikari seeking disqualification of TMC lawmaker Mukul Roy as a member of the House on the ground of defection and restored the matter for fresh consideration.

    Roy, a former BJP national vice-president, had defected to the ruling TMC from BJP in June 2021 after winning the assembly poll in West Bengal on a BJP ticket. In February this year, Banerjee had dismissed Adhikari’s petition of June 17, 2021 seeking Roy’s disqualification as an MLA under the anti-defection law for switching sides after the election.

    BJP MLA Ambika Roy had moved the HC in July last year challenging Roy’s election as chairman of the Public Accounts Committee (PAC) and prayed for the nomination of an opposition member to the post as per tradition.

  • In new gaffe, ‘ailing’ Trinamool leader Mukul Roy says BJP to win upcoming Bengal civic polls

    By PTI

    KOLKATA: Veteran politician Mukul Roy, who returned to the TMC after having spent over three years in the BJP, made a faux pas on Friday, not his first in the recent times, as he stated that the saffron party would win handsomely in the upcoming elections to 111 civic bodies of Bengal.

    The TMC, embarrassed by his gaffe, refused to attach much importance to the “ailing” leader’s statement.

    Roy, during his visit to Bolpur in Birbhum district, stunned everyone when he said, “The BJP will emerge victorious everywhere in the upcoming municipal polls.”

    As others looked at him in disbelief, Roy went on to tell reporters, “The TMC is BJP and vice versa.”

    He was then led away by TMC’s Birbhum district president Anubrata Mondal who was visibly upset.

    Later, Partha Chatterjee, the secretary general of the TMC, said, “Mukul Roy is ailing and that was probably the reason for his incoherent statements. He is not a functionary of our party. Let’s not attach importance to what he says.”

    Chatterjee further said if Roy thinks he won’t be able to discharge his responsibility as PAC chairman due to his health conditions, he may inform the speaker.

    In September, Roy, during a press meet, had made a similar gaffe as he said that the saffron party will win the bypolls.

    He immediately corrected himself and said that he meant that the TMC would be victorious in the by-elections.

  • SC rues practice of delay by Speakers in deciding disqualification pleas

    By PTI

    NEW DELHI: The Supreme Court Monday rued the “general practice” of Speakers delaying decisions on pleas seeking disqualification of lawmakers and the subsequent arguments that courts should “stay away”, while hoping that the West Bengal Assembly Speaker would decide on such a plea against Mukul Roy who defected to TMC from BJP after the state polls.

    The apex court’s observations came while hearing two separate appeals filed by West Bengal Assembly Speaker Biman Banerjee and its Secretary and the Returning Officer against the Calcutta High Court’s order.

    The high court asked Banerjee to take a decision on the petition for disqualification of Roy as a member of the House by October 7.

    A bench comprising Justices L Nageswara Rao and Hima Kohli on Monday expressed hope that the Speaker will take a decision on the disqualification plea against Roy on the claim that he has defected to the Trinamool Congress (TMC) after being elected on a BJP ticket and fixed the pleas for hearing in January next year.

    “There is a general practice of speakers delaying the hearing and decisions on disqualification petitions under the Tenth Schedule of the constitution, there are so many cases where there is a delay by the Speaker. But, we are told that you stay away and let the Speaker decide,” the bench said.

    Senior advocate A M Singhvi, appearing for Banerjee, said the courts need to interfere in cases where there are “egregious delays” but the instant case does not warrant such an interference as several adjournments have been sought by BJP leader Suvendu Adhikari in the matter.

    Singhvi referred to another case in which a plea was moved by DMK seeking a direction to then Tamil Nadu Speaker to decide the plea for disqualification of 11 AIADMK lawmakers who had voted against the then Chief Minister K Palaniswami during the 2017 confidence vote.

    The term of the Assembly expired but the issue could not be decided, he said.

    The apex court, which did not issue notice on the appeals, took note of Singhvi’s submissions that the disqualification plea is scheduled for hearing on December 21 before the Speaker.

    “The petition for disqualification filed under the Tenth Schedule of the Constitution is now listed on December 21. We hope the Speaker proceeds with the hearing of the matter and decide the matter in accordance with law,” the bench said and fixed the case for hearing in January next year.

    Adhikari, leader of the Opposition, on June 17 had filed the petition before the Speaker seeking Roy’s disqualification.

    Ambika Roy, BJP MLA of the state, had moved the high court in July challenging Roy’s election as chairman of the Public Accounts Committee (PAC) and prayed for nomination of an opposition member to the post as per tradition.

    At the outset, Singhvi assailed the high court’s decision saying that it did not leave anything to be decided by the Speaker who is supposed to hear both the sides and moreover, the courts cannot “micro-manage the calendar of the speaker”.

    “If we were to micro-manage by now there would be an order. We are just trying to cull out of you the status of proceedings,” the bench said.

    Singhvi said the high court adjourned the hearing on October 7 after being apprised that an appeal has been filed in the apex court.

    Singhvi said the high court has already held that the appointment of Roy as head of the PAC was part of the assembly proceedings.

    “Good, bad or indifferent, the Speaker is the persona designata,” he argued.

    But there should not be a delay in deciding such a plea, the bench said.

    Earlier, the high court had said in its order that the issue pertaining to disqualification of Roy as a member of the Assembly is correlated with him being the chairman of the PAC.

    It had said a petition filed for Roy’s disqualification is pending before the Speaker for more than three months, the maximum period fixed in a judgement of the Supreme Court, for decision thereof.

    “Before we proceed further in the matter let the respondent No.1 (the Speaker) place before us the order passed in the petition filed for disqualification of respondent No.2 (Mukul Roy) as Member of the Legislative Assembly,” the high court had said in its order.

    The bench adjourned the matter to October 7 for further hearing, stating, “In case of failure this Court will decide further course of action to be taken in the matter.”

    However, the counsel for the Speaker, on October 7, told the high court that an appeal has been filed in the apex court against its direction leading to the adjournment of the proceedings.

  • Bengal Assembly Speaker asked to inform Calcutta HC decision on Mukul Roy’s disqualification petition

    By PTI

    KOLKATA: The Calcutta High Court on Tuesday directed West Bengal assembly Speaker Biman Banerjee to inform it by October 7 his decision on a petition filed for disqualification of Mukul Roy as a member of the House on the claim that he has defected to the Trinamool Congress after being elected on a BJP ticket.

    Leader of the Opposition Suvendu Adhikari had on June 17 filed a petition before the Speaker seeking disqualification of Roy as a member of the Assembly, claiming that he had defected to the TMC.

    Ambika Roy, a BJP MLA of the state, moved the high court in July challenging Mukul Roy’s election as chairman of the Public Accounts Committee (PAC) and prayed for nomination of an opposition member to the post as per tradition.

    A division bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj said in its order that the issue pertaining to disqualification of Roy as a member of the assembly is correlated with him being the chairman of the PAC.

    The bench said a petition filed for Roy’s disqualification is pending before the Speaker for more than three months, the maximum period fixed in a judgement of the Supreme Court, for decision thereof.

    “Before we proceed further in the matter let the respondent No.1 (the Speaker) place before us the order passed in the petition filed for disqualification of respondent No.2 (Mukul Roy) as Member of the Legislative Assembly,” the bench said in its order.

    The bench adjourned the matter to October 7 for further hearing, stating, “In case of failure this Court will decide further course of action to be taken in the matter.” 

  • BJP to move HC on appointment of Mukul Roy as PAC chairman

    By PTI

    KOLKATA: BJP on Tuesday said it will move Kolkata High Court next week for speedy disposal and time bound hearing by the speaker of BJP’s objection to the appointment of its former national vice-president Mukul Roy as chairman of Public Accounts Committee (PAC).

    Leader of Opposition and BJP leader Suvendu Adhikari told reporters that Roy, who had turned up at the Trinamool Congress office days after being elected as BJP MLA from Krishnanagar North, has now sought one month’s time from Speaker Biman Banerjee to reply to the charges of the saffron party that he has been illegally appointed as PAC chairman and should be disqualified under the anti-defection law.

    Roy, who had been asked by the speaker to reply to BJP’s charges against him, Tuesday sent a letter to the speaker’s office requesting he be granted a month’s time to do so citing poor health.

    He was granted the time, an assembly secretariat official said.

    “Roy’s letter is faulty. He merely said he is unwell and needed time till the middle of September to give his side of story. But that is not enough. The speaker’s office agreed to the request. We cannot wait for this to drag on indefinitely in this way.”

    “We will move the high court next week urging the court’s direction in this matter. We are consulting lawyers,” Adhikari said.

    Referring to Roy’s comment to the media in the assembly premises that he was an MLA of BJP but was ready to work for TMC to increase the party’s base in Tripura, Adhikari said “I had commented on it on that day itself.”

    “TMC supremo Mamata Banerjee is the only person to clarify which party Mukul Roy belongs to. She and her nephew Abhisek Banerjee had embraced him with much fanfare at the Trinamool Congress office only sometime back,” Adhikari said.

    Commenting on it, TMC state general secretary Kunal Ghosh said “Suvendu should first explain if anti-defection law shouldn’t be used against his father Sisir Adhikari who is yet to step down as MP. He was elected on TMC ticket and pledged loyality to Amit Shah before assembly elections.”

    After Roy was appointed PAC chairman in the first week of July, BJP MLAs had staged a walk out from the assembly and then submitted a memorandum to the speaker demanding his removal from the post.

    The saffron party lawmakers cited documents to support their demand, video clips of Roy’s press meet at the TMC office and a screenshot of his tweet after returning to TMC.

    Roy, who had been with TMC since its inception, had left the party following differences in 2018 and joined BJP.

    He was nominated as BJP candidate in West Bengal assembly polls and won.

    But he returned to Trinamool Congress which was called ‘Ghar wapsi’ by the party.

  • TMC’s Mukul Roy again says BJP will win by-poll; kicks up fresh row

    By PTI

    KOLKATA: West Bengal MLA Mukul Roy, who had joined the Trinamool Congress days after winning the assembly election seat on BJP ticket, stirred fresh controversy on Friday by saying for the second time within a week that the saffron party will win a future by-election in his constituency.

    He, however, said that the TMC will do well in the 2023 assembly elections in Tripura.

    Senior TMC leader Tapas Roy refused to comment on Roy’s gaffe, while the BJP said that the people will judge such statements.

    Mukul Roy on August 6 had said in a press conference at Krishnanagar in Nadia district that the BJP will win the by-poll in the state.

    Realising his faux pas, he quickly corrected himself saying he actually meant the TMC.

    The senior politician had left the Mamata Banerjee-led party in 2017 to join the BJP and returned to the TMC around a month after the results of the assembly elections were declared on May 2.

    However, officially he is still the BJP MLA of Krishnanagar North constituency and has been made the chairman of the Public Accounts Committee (PAC) of the state Assembly.

    “The BJP will win if a by-election is held in Krishnanagar North,” Roy told reporters after attending a PAC meeting in the assembly premises.

    To a question if the TMC will not be able to win the seat, he said it will be decided by the people of that constituency.

    Asked he was the legislator of which party, Roy said, “I am an MLA of the BJP.”

    Roy said he is ready to visit Tripura to work for the TMC if asked by the party.

    “I will do whatever is told by the party. The BJP is not doing the right thing in Tripura. Our party will do well in the next polls there,” he added.

    At least 14 leaders and workers of the TMC, including those injured in an alleged attack by BJP workers, were arrested in Tripura on August 8 for “violating Covid norms”.

    Two other TMC workers were nabbed on August 11.

    Senior TMC leaders from West Bengal are of late visiting the NE state where the assembly election is due in 2023.

    Asked to comment on Roy’s statements, TMC Deputy Chief Whip in West Bengal assembly Tapas Roy told reporters: “It will be proper for you to ask Mukul Roy what he meant. Since I was not present during the interaction, I won’t comment.”

    Tapas Roy said that he attended Friday’s PAC meeting chaired by Mukul Roy.

    BJP MLA and leader of the opposition Suvendu Adhikari said Roy was greeted with much fanfare when he reached the TMC office to join after winning on BJP ticket.

    “Now if he makes such statements, it is for people of the state to judge. He was accorded high security by the state government, he was made the PAC chairman. Now let the TMC see,” he said.

    The BJP has demanded disqualification of Roy as a member of the assembly under anti-defection law and his removal from the post of PAC chairman which traditionally goes to the opposition party.

    The TMC leadership has been saying that Roy is a BJP MLA and hence his appointment as the PAC chairman won’t pose any problem on technical ground.

  • Bengal Assembly Speaker Biman Banerjee files affidavit in HC on PIL for Mukul Roy’s removal as PAC chief

    By PTI

    KOLKATA: West Bengal Assembly Speaker Biman Banerjee on Thursday filed an affidavit in the Calcutta High Court in connection with a PIL seeking removal of MLA Mukul Roy from the post of the Public Accounts Committee (PAC) chairman.

    A division bench comprising Acting Chief Justice Rajesh Bindal and Justice R Bharadwaj directed that the matter will be taken up for hearing again on August 24.

    The Speaker submitted the affidavit on the appointment of Roy as the PAC chairman.

    BJP MLA Ambika Roy moved the PIL before the high court seeking removal of Mukul Roy from the post of PAC chairman of the West Bengal assembly, making the Speaker of the House one of the respondents in the petition.

    The state government has opposed the prayer claiming that it is the domain and discretion of the Speaker of the Assembly.

    The petitioner has claimed that the post of PAC chairman traditionally goes to an opposition member, but since Mukul Roy has joined the ruling Trinamool Congress after being elected on a BJP ticket, he should be removed from the post.

    Claiming that a court cannot interfere in the decisions of a Speaker concerning the business or conduct of an Assembly as per Article 212 of the Constitution, Advocate General Kishore Dutta had on July 30 contended before the court that the PIL was not maintainable and should be dismissed.

  • Bengal Assembly Speaker can file affidavit in PIL seeking Mukul Roy’s removal as PAC head: Calcutta HC

    The bench said that the speaker and other respondents, in the meantime, may file an affidavit if they wish to do so.

  • PIL filed in Calcutta HC seeking Mukul Roy’s removal from post of Public Accounts Committee chairman

    By PTI
    KOLKATA: A PIL seeking removal of MLA Mukul Roy from the post of Public Accounts Committee (PAC) chairperson in the West Bengal Assembly was moved before the Calcutta High Court on Friday, which the state government opposed contending that the matter is in the domain of the speaker.

    The petitioner, BJP MLA Ambika Roy, claimed that the post of PAC chairman traditionally goes to an opposition member, but since Mukul Roy has joined the ruling Trinamool Congress after being elected on a saffron party ticket, he should be removed from the post.

    Appearing for the state, Advocate General Kishore Dutta opposed the prayer submitting that the speaker has the sole authority in the Assembly and it is for him to decide who was eligible for the post.

    Claiming that a court cannot interfere in the decisions of a speaker when it comes to business of the House, as per Article 212 of the Constitution, Dutta argued that the PIL was not maintainable and should be dismissed.

    A division bench comprising Acting Chief Justice Rajesh Bindal and Justice R Bharadwaj directed the petitioner to submit a short note stating why this PIL is maintainable before the court by August 4. The state will be at liberty to file its reply to it thereafter, and the case will be listed for hearing on August 10, the bench said.