Trinamool to move SC against rebel MPs, may file disqualification plea in 10 days

The Trinamool Congress is preparing to approach the Supreme Court seeking the disqualification of 20 rebel Lok Sabha MPs, escalating its dispute over the delay in deciding petitions pending before Speaker Om Birla. The Mamata Banerjee-led party is likely to move the apex court within the next seven to 10 days if there is no decision on its complaints, according to reports. The MPs had broken ranks with the TMC and announced their association with the Nationalist Citizens' Party of India (NCPI). The TMC maintains that the MPs have attracted provisions of the anti-defection law and should no longer continue as members of the Lok Sabha on the party's ticket.

Abhishek meets Speaker

TMC Lok Sabha leader and national general secretary Abhishek Banerjee met Speaker Om Birla on Wednesday and pressed for an early decision on the disqualification petitions. Banerjee said the party had approached the Speaker earlier as well and warned that it would seek judicial intervention if the petitions were not decided within the timeframe envisaged under law and relevant Supreme Court directions. The TMC had filed 20 separate petitions before the Speaker on June 19, seeking action against each of the rebel MPs. Nearly two months later, the petitions remain pending, according to the party. Banerjee has argued that an indefinite delay in deciding the matter could undermine the purpose of the anti-defection mechanism. He has also said TMC MPs repeatedly raised the issue with the Speaker's office and submitted a letter seeking action by July 26.

Dispute over defection

The political dispute began after the group of 20 MPs, including Kakoli Ghosh Dastidar, broke away from the TMC and announced a merger with the NCPI, a relatively little-known political party headquartered in Howrah.

The rebels contend that their numbers give them protection under the anti-defection law's merger provision. They claim to represent more than two-thirds of the TMC's 28 Lok Sabha MPs. The TMC disputes that position. It argues that by joining another political formation, the MPs voluntarily gave up their membership of the Trinamool Congress and are therefore liable for disqualification. The legal battle is expected to turn on whether the MPs' move qualifies for protection available under the merger provisions of the Tenth Schedule of the Constitution.

Parliamentary status row

The controversy has also spilled over into the rebels' status inside Parliament.

The rebel MPs have sought separate seating as well as recognition of the NCPI as a parliamentary group. They have also moved towards greater engagement with the BJP-led National Democratic Alliance and have attended NDA meetings. At the same time, Lok Sabha records continue to show them as TMC MPs, creating what the Trinamool leadership says is an untenable situation. The party has objected to a July 18 Lok Sabha Secretariat circular that changed the division and seat numbers of its MPs. Another circular issued on the same day continued to recognise the TMC as a single parliamentary party consisting of 28 MPs, with Banerjee as its leader.

Ahead of the Monsoon Session, the rebel MPs had approached Birla seeking separate seating and recognition of their parliamentary group, with Sudip Bandyopadhyay proposed as floor leader and Kakoli Ghosh Dastidar as chief whip. The NCPI was subsequently invited separately to an all-party meeting on July 19, a development that triggered protests from Opposition parties.

Supreme Court route

The TMC's proposed move to the Supreme Court would shift the political confrontation into a constitutional battle over both the status of the rebel MPs and the time taken to decide disqualification petitions. Banerjee has maintained that the Speaker should decide the petitions in accordance with the law and judicial directions. With the party signalling that it is unwilling to wait indefinitely, the dispute could now reach the Supreme Court within days unless the Speaker's office acts first.