Kolkata, July 8 Despite taking oath as legislators in a swearing-in ceremony conducted by West Bengal Assembly Speaker last week, uncertainty continues to loom over the participation of the two newly-elected Trinamool Congress MLAs in the proceedings of the House.
Legal experts say there is a constitutional clause regarding their participation or even sitting in the Assembly without the nod of the Governor of the state, which involves a financial penalty.
Article 193 of the Indian Constitution gives the power to the Governor to impose a financial penalty of Rs 500 per day.
“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 of 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 sits or votes, to a penalty of five hundred rupees to be recovered as a debt due to the State,” read Article 193.
In such a situation, say legal experts, even though Speaker Biman Bandyopadhyay had administered the oath to the new MLAs at a single-day special session of the House under the provisions of Section 5 of Chapter 2 of the ‘Rules of Business’ of the Assembly, which authorises the Speaker to do so when the House is in session, it is doubtful how far he will be able to allow the two MLAs to participate in the House proceedings in days to come.
Political observers say that although Rs 500 for each day of participation in the proceedings is a paltry amount, the matter is embarrassing both the MLAs and the party they represent.
Now how long this impasse will continue will depend on the office of President Droupadi Murmu, where both the Governor and the Speaker have sent their respective letters in the matter.
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