SABITRI MITRA Vs. WEST BENGAL LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) The Court: The petitioner in this Article 226 petition dated January 6, 2011 is aggrieved by the order of the Speaker of the 14th Legislative Assembly of West Bengal dated January 5, 2011 (at p.41) declaring that having incurred disqualification for continuing as a member, she ceased to be a member of the House with immediate effect. On the basis of a petition dated October 4, 2010 (at p. 19) of the leader of the Congress Legislature Party of the House proceedings were initiated by the Speaker under para. 2(1)(a) of the Tenth Schedule to the Constitution of India read with Rule 6 of the Members of West Bengal Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986.

(2.) After giving the petitioner reasonable opportunity to present her case, the Speaker concluded that having voluntarily given up her membership of the Indian National Congress, the political party to which she belonged, she incurred disqualification for continuing as a member of the House. Accordingly, the Speaker made the impugned order declaring that she ceased to be a member of the House with immediate effect.

(3.) Admittedly, in response to the letter of the leader of the legislature party dated September 6, 2010 the petitioner did not specifically assert that she had not voluntarily given up her membership of her original political party.