Kolkata, July 6 The Trinamool Congress in West Bengal is prepared for a long legal battle with the Raj Bhavan after Assembly Speaker Biman Bandopadhyay administered oath to two newly elected Trinamool MLAs -- Sayantika Banerjee and Reyat Houssen Sarkar -- on Friday by defying Governor C.V. Ananda Bose's order.
Governor Bose had nominated Deputy Speaker Asish Banerjee to administer oath to the two Trinamool MLAs. However, the Speaker did not adhere to the Govenor’s direction, and presided over the swearing-in ceremony himself, ending the prolonged impasse on the matter.
On Friday, Governor Bose wrote to President Droupadi Murmu apprising her about the Speaker’s alleged breach of Constitutional provisions.
Trinamool sources said that in case any communique comes from the office of the President, the party has prepared a suitable draft and legally tenable reply, justifying the Speaker’s action.
The Speaker himself is unperturbed over the event, claiming that he had already briefed the office of the President well in advance about the confusion arising over the oath ceremony while the Governor’s office was also informed about the developments.
The Speaker also said that the Governor does not have the Constitutional authority to remove the Speaker of any state Assembly.
From a legal point of view, the Speaker is sticking to the point that since the oath ceremony was conducted during a special session of the Assembly, the provisions under Section 5 of Chapter 2 of the 'Rules of Business' of the state Assembly authorised him to administer oath when the House was in session.
However, the Governor has argued that Articles 188 and 193 of the Constitution authorises the office of the Governor to have the final say in the matter, and the Constitution is always above any rule.
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