- (1.) The Court: The petitioner in this Article 226 petition dated January 6, 2011 is aggrieved by the order of the Speaker of the 14th Legislative Assembly of West Bengal dated January 5, 2011 (at p.41) declaring that having incurred disqualification for continuing as a member, she ceased to be a member of the House with immediate effect. On the basis of a petition dated October 4, 2010 (at p. 19) of the leader of the Congress Legislature Party of the House proceedings were initiated by the Speaker under para. 2(1)(a) of the Tenth Schedule to the Constitution of India read with Rule 6 of the Members of West Bengal Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986.
(2.) After giving the petitioner reasonable opportunity to present her case, the Speaker concluded that having voluntarily given up her membership of the Indian National Congress, the political party to which she belonged, she incurred disqualification for continuing as a member of the House. Accordingly, the Speaker made the impugned order declaring that she ceased to be a member of the House with immediate effect. In the petition dated October 4, 2010 the leader of the legislature party stated as follows: (ii) In order to confirm whether Smt. Sabitri Mitra, MLA had voluntarily given up her membership of the Indian National Congress and/or has joined any other political party, I, as the Leader of the Congress Legislature Party of the 14th West Bengal Legislative Assembly, had issued to her a letter dated 06.09.2010 in which Smt. Sabitri Mitra, MLA was asked to confirm whether she had voluntarily given up her membership of the Indian National Congress and/or had joined any other political party. She was given seven days time to reply. In the said letter dated 06.09.2010 Smt. Sabitri Mitra, MLA was specifically made aware that if no reply was received from her end within seven days from the receipt of the letter dated 06.09.2010, it would be presumed that she had voluntarily given up her membership of the Indian National Congress, the political party to which she belonged and was elected as an MLA of the said party.
(3.) Admittedly, in response to the letter of the leader of the legislature party dated September 6, 2010 the petitioner did not specifically assert that she had not voluntarily given up her membership of her original political party.;