Kolkata, July 22 The office of West Bengal Governor, CV Ananda Bose, on Monday, shot off letters to the two new Trinamool Congress legislators Sayantika Banerjee and Reyat Houssen Sarkar cautioning them of financial penalties if they take part in the proceedings of the House.
After taking oath administered by Speaker Biman Bandopadhyay, the two MLAs reached the Assembly premises to participate in the Monsoon Session that started from Monday.
However, they received emails from the office of the Governor asking them to clarify who had administered their oath.
The notice reminded the two MLAS that as the oath was administered by the Speaker instead of the Deputy Speaker of the House who had been nominated by Governor Bose to do so, the oath is unconstitutional.
Article 193 of the Indian Constitution gives the power to the Governor to impose a financial penalty on the two MLAs if they participate in the proceedings or even occupy the chair allotted on the floor of the House, without the approval of the constitutional head of the state.
“If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of Article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State,” reads Article 193.
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