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Tezzbuzz Desk: The Supreme Court on Tuesday heard the case to the membership of 20 rebel Trinamool Congress (TMC) MPs. Hearing the petition filed by party general secretary and Lok Sabha MP Abhishek Banerjee, the apex court has issued notices to all the 20 rebel MPs and sought their answers. However, the court has not yet issued notice to Lok Sabha Speaker Om Birla.

A bench headed by CJI Surya Kant has issued notices to the MPs who are accused of leaving TMC and merging with NCPI. Solicitor General Tushar Mehta appeared in the court on behalf of the Lok Sabha Speaker in the case. He urged the court not to issue formal notice to the Speaker.

In fact, Abhishek Banerjee had demanded the Lok Sabha Speaker to take action against these 20 MPs under the anti-defection law. He alleges that TMC had filed disqualification petitions against these MPs under the 10th Schedule of the Constitution in June itself, but even after almost two months, no satisfactory action was taken in the matter.

According to Banerjee, she raised this issue with the Lok Sabha Speaker after the Parliament session began. He was asked to submit a written complaint, which he submitted by July 26. After this, he along with Saugata Roy, Kirti Azad and Pratima Mandal tried to know the status of the case, but did not get clear information regarding the action.

Abhishek Banerjee has said in the petition filed in the Supreme Court that all these MPs had reached the Lok Sabha after winning the elections on the election symbol of TMC. Later his membership has been questioned on the basis of his merger with another party. The petition demands that the Lok Sabha Speaker be asked to decide on the disqualification of these MPs under the anti-defection law.

During the hearing, Solicitor General Tushar Mehta told the Supreme Court that the process in the case has been initiated by the Speaker. He said that reply has been sought from the concerned MPs and he will take instructions from the Speaker in this matter and give further information to the court. Mehta requested the Speaker not to issue notice on this basis.

While accepting this request, the court has not yet issued notice to the Lok Sabha Speaker. However, the court clarified that while respecting constitutional institutions, it must be ensured that the decision in such cases does not remain pending indefinitely. Justice Bagchi said that the court does not want to give instructions to any constitutional body, but it is necessary to dispose of the cases on time.

At present, the Supreme Court has issued notices to 20 rebel MPs and sought their opinion. Now everyone will keep an eye on the answers of the MPs and the action taken by the Speaker. During further hearing in this matter, it may become clear what is the legal position regarding the membership of these MPs.