Disqualification case of 20 TMC rebel LS MPs: Delay in decision flagged

New Delhi: The Supreme Court on Wednesday flagged the delay in deciding the petitions seeking disqualification of 20 rebel Trinamool MPs, observing that the three-month period ordinarily contemplated for disposal of such proceedings had already lapsed, stressing the need for expeditious resolution.

A three-member bench of CJI Surya Kant and justices Joymalya Bachi and V Mohana dubbed the three-month period taken so far by Lok Sabha Speaker Om Birla to decide the disqualification petitions a "red flag".

The development took place during the hearing of a plea by TMC general secretary Abhishek Banerjee, seeking a time-bound decision by Birla on the disqualification petitions filed against MPs under the 10th Schedule of the Constitution. The bench stopped short of issuing a direction fixing a deadline for the Speaker.


Justice Bagchi verbally said the Supreme Court was only reminding the constitutional authority to ensure expeditious resolution, keeping in mind the importance of the 10th Schedule and the court's earlier judgement in Keisham Meghachandra Singh vs Speaker, Manipur Legislative Assembly, under which a disqualification petition should ordinarily be decided within three months.

"Three months' period has lapsed," justice Bagchi observed, adding that resolution of the adjudication was "hardly possible" within that window. The bench said it would not "put a constitutional authority to ransom" but would remind the Speaker that earlier directions contemplated disposal within three months. "We expect that you will perform your role expeditiously," justice Bagchi added.