Calcutta High Court
Sudip Kumar Mukherjee And Anr vs The Hon'Ble Speaker West Bengal ... on 25 April, 2022
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
OD-2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/2026/2022
SUDIP KUMAR MUKHERJEE AND ANR.
VERSUS
THE HON'BLE SPEAKER WEST BENGAL LEGISLATIVE ASSEMBLY AND ORS.
BEFORE:
The Hon'ble JUSTICE RAJASEKHAR MANTHA
Date : 25th April, 2022
Appearance:
Mr. Jaydip Kar, Sr. Adv.
Mr. Billwadal Bhattacharyya, Adv.
MR. Rajdeep Majumder, Adv.
Mr. Lokhnath Chatterjee, Adv.
Mr. Sayak Chakraborty, Adv.
Mr. S. Das, Adv.
Mr. Asish Kumar Mukherjee, Adv.
Mr. Amrit Sinha, Adv.
Mr. Sorojit Saha, Adv.
Mr. W. Ray, Adv.
... for the petitioner.
Mr. S. N. Mookerjee, Sr. Adv.
Mr. T. M. Siddiqui, Adv.
Mr. Dilip Kumar Ghosh, Adv.
... for the respondent.
The Court :- The petitioners are members of the Legislative Assembly and the principal opposition party in the State of West Bengal. By a motion of the House dated 9th March, 2022 forwarded by a communication dated 31st March, 2022 issued by the Secretary, West Bengal Legislative Assembly, the petitioners and each of them have been suspended for the remaining period of this session.
It is, inter alia, submitted by Mr. Jaydip Kar, Senior Advocate appearing for the petitioners that apart from the illegality of the order, which is contrary to the "Rules and Procedure and Conduct of business in the West Bengal Legislative 2 Assembly", the same is excessive and disproportionate to the misconduct found against the petitioners.
Learned Advocate General, Mr. Mookerjee, seeks time to file affidavit-in- opposition to bring on record certain facts.
Let affidavit-in-opposition be filed on or before 2nd May, 2022; reply, if any, by 4th May, 2022.
Let this matter stand adjourned and be listed as 'Specially Fixed Matter' on 5th May, 2022 at 10.30 a.m. (RAJASEKHAR MANTHA, J.) mg/S. Chandra