Supreme Court asks Calcutta High Court to fast-track plea against 10 rebel TMC MLAs

New Delhi: The Supreme Court on Thursday asked the Calcutta High Court to urgently consider a plea seeking disqualification of 10 rebel Trinamool Congress MLAs under the anti-defection law, after declining to entertain a petition seeking their disqualification directly by the apex court.

A bench headed by CJI Surya Kant granted liberty to senior TMC leader Sovandeb Chattopadhyay to approach the high court with an appropriate petition. It also requested the chief justice of the Calcutta High Court to place the matter before a division bench for expeditious consideration.

The development follows allegations that the West Bengal assembly Speaker Rathindra Bose has failed to decide disqualification petitions filed against the 10 legislators despite the expiry of the period ordinarily prescribed for deciding such matters.


During the hearing, counsel appearing for Chattopadhyay submitted that the disqualification petitions were filed before the Speaker on July 8 and nearly five months had elapsed without any decision. The counsel urged the Supreme Court to facilitate an early hearing before a division bench of the high court, arguing that this would avoid further rounds of intra-court appeals and consequent delays.

The bench, however, said the petitioner should pursue the appropriate remedy before the high court. While disposing of the petition at this stage, it granted him liberty to file an appropriate plea.

The petition sought action against 10 MLAs, including West Bengal assembly's Leader of the Opposition Ritabrata Banerjee and former Kolkata mayor Firhad Hakim, alleging that they had acted in violation of the Tenth Schedule of the Constitution.