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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ, JJ.
Ambika Roy And Others — Appellant
Versus
The Hon'ble Speaker And Others — Respondent
WPA(P) 213 of 2021 and WPA No. 3629 of 2022
Decided on : 11-04-2022
WRIT - QUO WARRANTO - SPEAKER, WEST BENGAL LEGISLATIVE ASSEMBLY - ELECTION OF MEMBER TO PUBLIC ACCOUNTS COMMITTEE - DISQUALIFICATION OF MEMBER - VOLUNTARILY GIVING UP MEMBERSHIP OF POLITICAL PARTY - TENTH SCHEDULE TO THE CONSTITUTION OF INDIA - JUDICIAL REVIEW - SCOPE - PERVERSE ORDER - MALA FIDES - CERTIFICATE UNDER SECTION 65-B OF THE INDIAN EVIDENCE ACT, 1872 - ADMISSIBILITY OF ELECTRONIC EVIDENCE - SPEAKER ACTING AS TRIBUNAL - INDEPENDENCE OF SPEAKER - OUTER LIMIT FOR TAKING DECISION ON DISQUALIFICATION PETITION.
Fact of the Case:
The petitioner, a Member of the West Bengal Legislative Assembly, challenged the order of the Speaker, West Bengal Legislative Assembly, nominating the respondent No. 2, Mr. Mukul Roy, as Member and Chairman/Chairperson of the Committee on Public Accounts (PAC). The petitioner also challenged the order of the Speaker dismissing the petition filed by him for disqualifying the respondent No. 2 on the ground of defection.
Finding of the Court:
The Court held that the order of the Speaker was perverse as it failed to take into account the certificate submitted by the petitioner under Section 65-B of the Evidence Act and consequently held the electronic evidence as inadmissible. The Court also held that the Speaker had not acted independently in defending the respondent No. 2 before the Court.
Issues: 1. Whether the order of the Speaker was perverse? 2. Whether the Speaker had acted independently in defending the respondent No. 2 before the Court? 3. Whether the certificate under Section 65-B of the Evidence Act was admissible?
Ratio Decidendi: 1. The Court held that the order of the Speaker was perverse as it failed to take into account the certificate submitted by the petitioner under Section 65-B of the Evidence Act and consequently held the electronic evidence as inadmissible. 2. The Court held that the Speaker had not acted independently in defending the respondent No. 2 before the Court. 3. The Court held that the certificate under Section 65-B of the Evidence Act was admissible.
Final Decision: The Court set aside the impugned order of the Speaker and remitted the matter back to the Speaker for fresh decision in accordance with law.
ORDER :
Prakash Shrivastava, J.
WPA P) 213 of 2021 is at the instance of a Member of the West Bengal Legislative Assembly from Kalyani and an Advocate by profession, challenging the order dated 24.06.2021 passed by the Secretary and the Returning Officer, West Bengal Legislative Assembly in respect of nomination of the respondent No. 2 namely, Mr. Mukul Roy, as Member of Public Accounts Committee, i.e. PAC and also the order dated 09th of July, 2021 passed by the respondent No. 1 Hon'ble Speaker, West Bengal Legislative Assembly appointing/nominating the respondent No. 2 as Chairman/Chairperson of the Committee on Public Accounts (PAC).
2. WPA 3629 of 2022 is at the instance of another Member of the West Bengal Legislative Assembly from Nandigram and Leader of Opposition of 17th West Bengal Legislative Assembly, challenging the order dated 11.02.2022 passed by the Hon'ble Speaker, West Bengal Legislative Assembly dismissing the petition filed by the petitioner Suvendu Adhikari for disqualifying the respondent, Mr. Mukul Roy, as a Member of the West Bengal Legislative Assembly on the ground of defection.
3. Facts in nutshell are that the election to the West Bengal Legislative Assembly were held in 8 phases between 27.03.2021 to 29.04.2021 and in that election respondent No. 2, Mr. Mukul Roy, had contested and won the election from Krishnanagar Uttar Constituency as BJP candidate. The results of the election were declared by the Election Commission on 02.05.2021. The newly elected Members including the respondent No.2, Mr. Mukul Roy, took oath on the floor of the House in the presence of the pro tern Speaker on 06.05.2021. It is a case of the petitioner that the respondent No.2, Mr. Mukul Roy, had defected to All India Trinamool Congress (AITC) on 11.06.2021 in the presence of the incumbent Chief Minister of the State Ms. Mamata Banerjee at the AITC's party office and this event of defection from BJP to AITC was covered by various news and media channels. On 14.06.2021, the Chief Opposition Whip wrote a letter to respondent No.l, prior to the election process for election to the 4 Financial Committees including the Public Accounts Committee, intimating him the consent of the Leader of Opposition to nominate a particular Member as Chairman of Public Accounts Committee of West Bengal Legislative Assembly. On 17.06.2021, petitioner Suvendu Adhikari had presented the petition to the Hon'ble Speaker of West Bengal Legislative Assembly seeking disqualification of respondent No.2 on the ground of defection against the provisions of Tenth Schedule of the Constitution. On 24.06.2021, the respondent No.2, Mr. Mukul Roy, had filed his nomination for election to PAC without BJP's support without disclosing his party affiliation in the nomination papers. According to the petitioner this was done in violation of Rule 302 of Rules of Procedure and Code of Business of the West Bengal Legislative Assembly (for short, "Rules of Procedure and Business") which contemplates that election of Members to the PAC shall be done on the basis of proportional representation of each party inside the Assembly. The petitioner Ambika Roy (in WPA (P) 213 of 2021) with one more BJP Member namely, Bishnu Prasad had filed objection petition before thee Secretary, West Bengal Legislative Assembly questioning the nomination of respondent No.2 to the PAC. The said objection was rejected vide order dated 24.06.2021 by the respondent No.3 on the technical ground that the objections were not to be considered at the stage of scrutiny thereafter on 24.06.2021, 20 MLAs including the respondent No.2 were elected as Members of the PAC. On 09.07.2021, respondent No.l, Hon'ble the Speaker, West Bengal Legislative Assembly in exercise of powers under Rule 255 of the Rules of Procedures and Business, nominated/appointed respondent No.2, Mr. Mukul Roy, as the Chairman/Chairperson of the PAC for the year 2021-22. Hence, WPA(P) 213 of 2021 was filed seeking a writ of quo warranto and p
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