Calcutta High Court Reserves Judgment In Plea Challenging Appointment of TMC MLA Mukul Roy As PAC Chairman Of WB Legislative Assembly
Live LawThe Calcutta High Court on Tuesday reserved judgment in the in the plea moved by BJP MLA Ambika Roy challenging the appointment of TMC MLA Mukul Roy as the Chairman of the Public Accounts Committee of the West Bengal Legislative Assembly. The senior counsel submitted that the respondents had not advanced any submissions pertaining to the contention that the Speaker of the Legislative Assembly had appointed Mukul Roy as the PAC Chairman 'under the assumption' that he was a BJP member. Refuting the contention advanced by the petitioners that matters pertaining to legislative proceedings are barred from judicial scrutiny under Article 212 of the Constitution, the senior counsel placed reliance on the Supreme Court judgment in Raja Ram Pal v. Hon'ble Speaker to contend that legislative proceedings of this nature can be brought under judicial review. The senior counsel also referred to the Supreme Court judgment in Rojer Mathew v. South India Bank Ltd wherein the Supreme Court while referring to Article 212 of the Constitution had held that if 'such a blanket exemption were to be granted, then it would open the floodgates to deviation from any Constitutional provision governing the functioning of Parliament and its legislative procedure.'