Escalating its battle against the dissident MPs, the Trinamool Congress (TMC) on Friday formally submitted 20 separate petitions to Lok Sabha Speaker Om Birla seeking the disqualification of 20 rebel MPs under the anti-defection law.
Leading the delegation, TMC Parliamentary Party leader Abhishek Banerjee met the Speaker along with senior party leaders Sougata Roy, Kalyan Banerjee and Mahua Moitra to hand over the petitions. Rajya Sabha MP Derek O’Brien was also part of the delegation.
The move comes after the Speaker invited Banerjee to present the party’s position before taking a decision on the rebels’ claim that they have merged with the little-known Nationalist Citizens Party of India (NCPI) and should be recognised as a separate group in the Lok Sabha.
Addressing reporters after the meeting, Banerjee argued that the MPs had voluntarily given up their membership of the Trinamool Congress by joining another political party and were therefore liable for disqualification under the Tenth Schedule of the Constitution.
“The Tenth Schedule clearly states that voluntarily giving up membership of one’s political party is a ground for disqualification. Even if 28 or 29 MPs of a parliamentary party leave together, it does not amount to a merger under the Constitution,” he said.
Banerjee said that the constitutional provision relating to mergers applies to the original political party and not merely to its legislative wing. A valid merger can only take place when at least two-thirds of the members of the original political party decide to merge with another political party, he said.
“The Constitution contains clear provisions dealing with both defection and merger. Based on these provisions, I have submitted 20 separate disqualification petitions against the rebel MPs. A valid merger requires support from two-thirds of the entire political organisation, including national committees, state committees, frontal organisations and party office-bearers,” he said.
The TMC leader also cited several Supreme Court judgments and legal precedents concerning the anti-defection law to support the party’s position. He said copies of these judgments had been submitted to the Speaker for consideration.
The rebels’ demand for separate seating arrangements, recognition as an independent group, and the appointment of their own Lok Sabha leader, chief whip and deputy leader cannot be entertained while disqualification proceedings are pending, he said.
“If an MP elected on a Trinamool Congress symbol joins another political party, that MP automatically ceases to remain a member of the TMC and should face disqualification. One cannot simultaneously belong to two political parties,” he said.
Banerjee said the public statements made by the rebel MPs announcing their invalid merger claim with another political party are sufficient grounds for action under the anti-defection law.
Citing Supreme Court rulings, he said, such cases should ordinarily be resolved within three to four months. “We have requested the Speaker to adjudicate the matter at the earliest,”he said.
Banerjee further argued that the question of granting separate recognition to the rebels does not arise until the disqualification issue is settled. “If these MPs have even a little integrity, they should resign from their seats and seek a fresh mandate from the people,” he said.
Banerjee alleged that attempts were being made to lure elected representatives through intimidation, inducements and financial promises in an effort to overturn the people’s mandate. “Abandoning the party under pressure and aligning with political opponents was unacceptable. If the MPs were dissatisfied with the TMC, they were free to resign and contest elections under any symbol of their choice,” he added.
