Thread by @LawBeatInd

#calcuttahighcourt to hear the plea filed against BJP turncoat Mukul Roy's appointment as Chairman of the Public Accounts Committee of the #WestBengal Legislative Assembly.

In pursuance of the latest order of the court, Mukul Roy has filed his affidavit-in-opposition in the Court. He has submitted that the actions of the Speaker of the House cannot be questioned in Court
#calcuttahighcourt #WestBengal

To read all submissions made in the affidavit👇
lawbeat.in/top-stories/bj…

Hearing commences.
The Bench of (Acting) Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj is hearing the matter.
#CalcuttaHighCourt #PAC

C S Vaidyanathan appears for the petitioner.
#CalcuttaHighCourt

Vaidyanathan: Petitioner is not seeking any office or any benefit, this is a PIL in the interest of public. Petitioner is a Legilative member.

Vaidyanathan: The election results were declared on May 2nd, though not mentioned in the written.
Court: There should be a written note for the same.
#CalcuttaHighCourt

Vaidyanathan refers to Para 8 of hte petition, stating respondent no. 2 (Mukul Roy) defected to the ruling party without resigning from BJP.
Vaidyanathan also states about the petition filed by the Suvend Adhikari in the High Court, which is pending.
#CalcuttaHighCourt

Vaidyanathan: Disqualification of Roy was sought for anti-defection on grounds of violation of Tenth Schedule of Constitution.
#CalcuttaHighCourt #westbengal

Vaidyanathan reads the petition paras stating that Mukul Roy has not disclosed his party affiliation.
Vaidyanathan argues that the appointment of Mulul Roy as PAC chairman is against the customs of the Assembly being followed since its inception.
#CalcuttaHighCourt

Vaidyanathan reads that in the case of PAC, there is a healthy and rich tradition that has grown since starting that in the consistency of the constitutional morality, PAC chair is to be headed by the Opposition Party.
#CalcuttaHighCourt

Vaidyanathan reads that the power to be excercised by the Speaker should not be arbitrary.
#CalcuttaHighCourt #westbengal

Vaidyanathan submitted that the assumption made by the Speaker that Mukul Roy belonged to the party in opposition (BJP) is not acceptable as the defection had happened much earlier.
Vaidyanathan: Speaker must have been conscious of this fact.
#CalcuttaHighCourt

Court inquiries about the form filled by Mukul Roy for nomination for PAC. It is submitted that it's not available on record.
#CalcuttaHighCourt

Vaidyanathan reads out the part of the plea where it is mentioned that Mukul Roy's name was recommended by a TMC member for membership of PAC.
#CalcuttaHighCourt #WestBengal

Court orders that a copy of the affidavit in reply filed by the Respondent no. 1 and 3 be supplied to all parties. #CalcuttaHighCourt

Vaidyanathan mentions that in light of Supreme Court direction that such cases be done with within 3 months, each day's delay harms justice.
#calcuttahighcourt

Noting that disqualification of Mukul Roy is not the issue before the Bench, Bench fixes the matter to be next heard on September 6.