Read Time: 08 minutes

In the matter pertaining to the controversial appointment of Bharatiya Janata Party (BJP) turncoat Mr. Mukul Roy’s as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly, today in Calcutta High Court, it was argued that the Speaker of the House must have been aware of Roy's defection from BJP to the Trinamool Congress (TMC) while appointing him.

Appearing on behalf of the petitioner, BJP MLA Ambika Roy, Adv. C S Vaidyanathan submitted before the court that the dates of the events from the day when Assembly election results were declared to the day when Mr. Mukul Roy was appointed are good enough to prove the point, nothing more is needed.

He asserted that therefore, "the appointment of Mr. Mukul Roy as PAC chairman is against the constitutional conventions as well as customs of the conduct of business in the West Bengal Legislative Assembly." 

He stated that the results of the Assembly were declared on May 2, 2021 and without resigning from BJP, Mr. Mukul Roy joined TMC on June 11, 2021 in presence of the incumbent Chief Minister Mamta Banerjee.

"The defection was covered by various news and media channels as well," he added.

He further stated that the petition that was presented by Mr. Suvendu Adhikari, MLA from the Nandigram Constituency, before the Speaker of the Assembly on June 17, 2021 seeking Mr. Mukul Roy’s disqualification on the ground of the defection against the constitutional provisions, is also pending before the Speaker.

Thereon, he added that on Jun 24, Mukul Roy without BJP’s support and without disclosing his party affiliation filed his nomination for election to the PAC and he was elected for the same on the same date as well.  

He highlighted that following this election, on Jul 9, 2021 the Speaker exercising powers under Rule 255 of the Rules of Procedure and Business, nominated and appointed Roy as the Chairman of the PAC.  

Vaidyanathan also stressed that the petitioner Ambika Roy being a lawyer, a legislator, a realtor is exposing the issue only in the interest of the public without seeking any public office, or seeking to replace Mr. Mukul Roy.

“Therefore, the PIL is in public interest, seeking a writ of quo warrento on in respect of Mr. Mukul Roy holding the office as the Chairman of the PAC,” he asserted.

The Court has fixed the matter to be next heard on Sep 6 for further arguments.

On the last date of hearing, taking the counter affidavit filed by the State, the court directed that a copy of the plea be served to the respondent. In pursuance of the same, receiving the copy on August 12, Mukul Roy filed his affidavit-in-opposition in the High Court where he denied each and every allegation made against his malpractice. 

In the affidavit, he alleged that the plea filed by sitting MLA Ambika Roy is an attempt to usurp, affect and interfere with the exclusive domain of the Legislature. He stated that his selection as the Chairman of the PAC cannot be questioned before the High Court as by reason of Article 212(1) of the Indian Constitution.

Matter in Brief

Asseverating that the constitutional values are being compromised, sitting MLA from Kalyani Constituency in Nadia district of Kolkata, Mr. Ambika Roy moved Calcutta High Court on Tuesday challenging Mukul Roy’s appointment as the chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly.

It is to be noted here that, it was averred in the writ petition that Mr. Mukul Roy despite winning West Bengal Assembly elections from Krishnanagar Uttar Constituency as a member of BJP, defected, as soon as the results were declared, to the present ruling party All India Trinamool Congress (AITC) without resigning from the BJP or his Membership from the Assembly.

Also, in his affidavit, Mr. Mukul Roy has nowhere mentioned his political affiliation so as to clarify his allegiance. 

Case Title: Ambika Roy Vs. Hon'ble Speaker, West Bengal Legislative Assembly & Others

Edited by Shreya Agarwal