Calcutta High Court to shortly hear BJP MLA Ambika Roy’s plea challenging BJP turncoat Mukul Roy’s Appointment as the chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly.
@ambikaroy4bjp
@MukulR_Official
#calcuttahighcourt
Mr. Ambika Roy has pleaded 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 AITC without resigning from the BJP.
#WestBengal
CS Vaidyanathan for Ambika Roy: This is for a writ of Quo Warranto.
Speaker has admitted that there is a chairman of the PAC who had been elected on a BJP ticket but moved over to the TMC and that this can continue as this is convention.
@MukulR_Official
Vaidyanathan: Fact that he (@MukulR_Official) changed his party (from BJP to TMC), and thus cannot hold officer (as PAC Chairman) as per 10th Schedule of the Constitution of India.
This is not in consonance with Constitutional Morality and/or with tenets of Dharma.
[Counsel appearing for Ambika Roy include CS Vaidyanathan, Kabir Bose Amit Mishra, @sarthakraizada, Akshay Nagarajan, Kanika Singhal, Nitish Raj, Ms. Thajaswani C.B]
@ambikaroy4bjp
Bench: Is there any election for PAC?
Vaidyanathan: No there was no election.
Vaidyanathan: "Member of opposition as Chairperson of PAC is convention" and this has been stated by the Speaker on floor of the Assembly (vol. @MukulR_Official was still in opposition, i.e. BJP when he was elected. However, he defected to TMC later but continued to hold office)
Vaidyanathan: Speaker was moving forward on the assumption for his (@MukulR_Official) office at the PAC that he belonged to the Opposition but he has now shifted his allegiance (to TMC)
Vaidyanathan: I have already pointed out how this (convention of having an opposition member as PAC chairperson) has been traversed. There is absence of specific denial by person (@MukulR_Official) who has intimate knowledge that he admits he has joined TMC.
"In politics, allegiance shifts and it happens. This is not the first person to shift his loyalties to another party," (Vol. @MukulR_Official is a BJP turncoat to TMC)

"We have no issues with that, question is can he now continue as chairperson of PAC?" Vaidyanathan adds.
Vaidyanathan citing judgments to indicate to the bench that as Mukul Roy changed his allegiance from BJP to TMC, he cannot now hold office as PAC chairman of Assembly #WestBengal
Vaidyanathan: My respectful submission is that it's well settled that constitutional conventions are in the nature of rules or binding precedents which can be enforced and this has been done in respect of appointment of judges, calling upon Governors etc.
"Fact is that @MukulR_Official is not a member of the BJP and he was elected as PAC Chairman when he was."

Vaidyanathan argues that Mukul roy is a BJP Turncoat and is now a member of the TMC, an allegation he has not disputed.

(Tweet not verbatim viz. arguments)
Court says he will hear further arguments after lunch.

Counsel for Respondent says that he is on his Legs in another matter and seeks indulgence (adjournment to another date).

Court will hear further arguments post lunch
Hearing begins.
Counsel for @MukulR_Official begins submissions.
Anindya Mitra for @MukulR_Official: There is no convention as such for appointments made to PAC in assembly. Differences in what they have pleaded and what they have argued.
Mitra responds to Vaidyanathan’s submission that Speakers/Mukul Roy’s Admission of Mukul Roy being a BJP turncoat & continuing to hold office as PAC chairperson is an irrelevant fact. “Individual persons admission is not relevant fact”
Bench: But this is an admission by the Speaker and not an individual (this is a constitutional authority, bench adds). There is a difference.
Nonetheless, the admission itself is not a relevant fact unless published, Mitra argues for @MukulR_Official
Mitra responds to arguments advanced by Vaidyanathan: He (@ambikaroy4bjp) should not be allowed to argue this case.

Mitra appears for @MukulR_Official
Convention not relevant.
Constitutional law applies here. There is no requirement that a PAC chairman needs to be appointed from Opposition: Mitra argues for @MukulR_Official
Mitra is taking the court through American Jurisprudence in order to show Court that Conventions emanate from the Constitution.
Mitra says that the address by Speaker in the context of appointment of chairman of PAC was made in the Assembly.
Mitra is citing Judgments to build on this case.
The case will now be taken up for hearing on Monday and the Speaker of the legislative Assembly will put forth arguments.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with LawBeat

LawBeat Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @LawBeatInd

14 Sep
Delhi High Court denies bail to two accused persons in #DelhiRiots case of violence against the @DelhiPolice in which HC Ratan Lal lost his life.
Noting that the footage of the two accused persons at the "Scene of Crime is quite egregious," the court said it was "sufficient to keep the Petitioner(s) in custody."
Comparing the cases to those of other accused who were given bail in the matter, the court said the Petitioners "did not satisfy the ingredients to claim bail on ground of parity with the other co-accused...as none of those co-accused...were caught in an overt act..."
Read 9 tweets
14 Sep
BREAKING UPDATE: Attorney General grants sanction to initiate criminal contempt proceedings against @NijiSachiv for his YouTube video with allegedly “scurrilous" "vituperative" and "highly derogatory" words against Supreme Court and its judges.
Application by Law Student had stated that video titled ‘Ajeet Bharti Roasts Supreme Court, High Courts’ which was uploaded on @NijiSachiv’s
YouTube channel DO Politics “is not only in bad taste but also clearly crosses the line between constructive criticism and contempt”
Law student had alleged in the application that in the said video @NijiSachiv abused Supreme Court “using extremely crass and obscene language”, “tried to disgrace it on lines of rampant corruption, nepotism, being sold” and “directing protests and riots throughout the country”.
Read 8 tweets
14 Sep
@dir_ed moves Delhi High Court seeking quashing of notices issued to its officers in Delhi on an FIR registered by the Kalighat PS in Kolkata on a complaint by @AITCofficial leader Abhishek Banerjee.
S. 160(1) CrPC notices have been issued to the Enforcement Directorate officers working from the headquarters in Delhi. ED states in its petition that it has been investigating into the illegal coal
mining scam and the role of Abhishek Banerjee in the scam.
ED states that the said FIR has been registered with a malafide intention to derail the investigation under PMLA being conducted by it in the illegal coal mining scam.
@AITCofficial
Read 4 tweets
14 Sep
[Access to Justice] Preliminary Research into available data in order to determine as to what extent, access to justice has been effected due to pandemic.
Kerala: 14 districts

i. [Kasargod]
Number of orders/ judgments Pre-pandemic: 2069
Number of Order/Judgments Post-pandemic: 913

Source: District Court Website
ii. [Thalassery, Kannur]

Number of Orders/Judgments Pre-pandemic: 5838
Number of Order/Judgments Post-pandemic: 2148

Source: District Court Website
Read 4 tweets
14 Sep
#DelhiHighCourt to hear plea of Avantha Group promoter Gautam Thapar against his arrest in a money laundering case in connection with the Yes Bank fraud scam.

#YesBank
Earlier the Court had issued notice to the Enforcement Directorate seeking reply on the plea.

lawbeat.in/top-stories/de…
ASG SV Raju seeks adjournment for two days.

Adv Vijay Aggarwal for Thapar opposes adjournment, he says his client is under illegal custody.
Read 4 tweets
14 Sep
NHRC issues notices to Delhi, Rajasthan, Haryana, UP, Union of India and other Authorities asking for reports of farmer protest.
@India_NHRC has said that it has received several complaints with allegations of adverse impact on the industrial units, seriously effecting companies.
“Allegedly, transportation is also adversely impacted, causing the commuters, patients, physically challenged people and senior citizens to suffer due to the heavy congestion on roads” : NHRC
“There are also reports that people have to travel long distances to reach their destinations due to the ongoing farmers' agitation and barricades have been put on the borders.”: NHRC
Read 4 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

:(