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Calcutta High Court (Appellete Side)

Suvendu Adhikari vs Hon'Ble Speaker on 28 February, 2022

Author: Rajasekhar Mantha

Bench: Rajasekhar Mantha

28-02-2022
 ct no. 13
 S.l. 1
  pk


                            WPA 3629 of 2022
                             Suvendu Adhikari
                                    Vs.
             Hon'ble Speaker, West Bengal Legislative Assembly
                                and others

                              (Via Video Conference)


                  Mr.   Billwadal Bhattacharyya,
                  Mr.   Sayak Chakraborti,
                  Mr.   Anish Kumar Mukherjee,
                  Mr.   Amrit Sinha,
                  Mr.   Surojit Saha

                                                ... for the petitioner.

                  Mr. Kishore Datta,
                  Mr. Kapil Guha
                                           ... for the respondent no. 1.

Mr. Arif Ali, Mr. Sayantak Das ... for the respondent no. 2. Affidavit of service filed in Court is taken on record.

The writ petitioner has prayed for quashing of an order dated 11.02.2022 passed by the Speaker, West Bengal Legislative Assembly.

It appears from a decision of the Hon'ble Supreme Court that an order dated 25th February, 2022 passed by the Supreme Court in SLP (Civil) Appeal No. 16746 of 2021 [The 2 Secretary and the Returning Officer, West Bengal Legislative Assembly Vs. Ambika Roy and others] that the writ petition was required to be disposed of along with another PIL being WPA (P) No. 213 of 2021.

Mr. Kishore Datta, learned senior counsel, appearing for the respondent no. 1 submits that the instant writ petition should only be heard by a single bench of this Court subject to maintainability. It is also submitted that the causes of actions in the two writ petitions are separate and distract.

The argument cannot be accepted as the Hon'ble Apex Court has already observed that the issue in the instant writ petition must be heard along with pending PIL WPA (P) No. 213 of 2021.

Let this matter be therefore released from the list.

Let the order of the Hon'ble Supreme Court (supra) be kept with the record.

(Rajasekhar Mantha, J.)