Kolkata, July 5 The tussle between West Bengal Governor C.V. Ananda Bose and Assembly Speaker Biman Bandopadhyay over the oath ceremony of two Trinamool Congress MLAs -- Sayantika Banerjee from Baranagar and Reyat Houssen Sarkar -- took a murky turn on Friday after Bose wrote to President Droupadi Murmu accusing Bandopadhyay of breaching Constitutional provisions.
The delay in the oath ceremony of Banerjee and Sarkar, who won the by-elections from Baranagar and Bhagwangola, respectively, had turned into a bitter bone of contention between the Trinamool Congress and the Governor's office in West Bengal.
The impasse finally ended after the duo was administered oath by Speaker Bandopadhyay during the single-day special session of the Assembly on Friday.
However, the Governor took strong objection to the Speaker's act of administering oath to the two new Trinamool legislators as he had nominated Deputy Speaker Asish Banerjee for the job.
“The Speaker has defied Constitutional provisions. What next? A report is being sent to the Hon’ble President about the Constitutional impropriety of the Speaker in ‘administering’ the oath or affirmation to the newly elected MLAs. This Constitutional transgression has been done despite the Hon’ble Governor appointing Deputy Speaker as the person before whom the two newly elected MLAs shall make and subscribe an oath or affirmation,” read a statement issued by the Governor's office.
In the statement, the Governor quoted Article 188 of the Constitution which states, “Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor or some person appointed in this behalf by him, a declaration according to the form set out for the purpose in the Third Schedule.”
Earlier on Friday, the Speaker argued that he was administering the oath abiding by the provisions of Section 5 of Chapter 2 of the 'Rules of Business' of the state Assembly that allows him to do that when the House is in session.
However, the Governor said that no rule can go beyond the Indian Constitution.
“Speaker has cited some Rules. Can any Rule be above the Constitutional provisions? It is a definite knowledge that the Constitution is above any Rule,” the Governor argued in the statement.
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