New Delhi. The Supreme Court on Thursday refused to hear the petition of Mamata Banerjee's TMC faction. Shobhandev Chatterjee, leader of Mamata Banerjee's TMC faction, filed a petition in the Supreme Court demanding cancellation of membership of 10 rebel MLAs of the party, including Ritabrata Banerjee, who was made the Leader of Opposition in West Bengal, under the anti-defection law. After considering the petition, the bench of CJI Surya Kant and Justice Jaimalya Bagchi said that the right way to go to Calcutta High Court in this matter is right now.
The Supreme Court bench gave Shobhandev Chatterjee permission to file a petition in the Calcutta High Court and asked the Chief Justice of the High Court to send the matter to a division bench of two judges. So that the hearing can be done quickly. Shobhandev's lawyer said in the Supreme Court that the petitions to cancel the membership of the rebel MLAs were given on July 8, but even after 5 months, no decision has been taken. He said that this issue comes under the instructions issued earlier by the Supreme Court. On behalf of Shobhandev, an appeal was made to the Supreme Court that the hearing should be conducted from the bench of two judges of Calcutta High Court. So that further appeals can be avoided there.
Mamata group TMC MLA Shobhandev Chatterjee had said in the petition that the court should direct to cancel the membership of Ritabrata Banerjee and 9 other rebel MLAs under the provisions of the 10th Schedule of the Constitution. The petition also sought directions against West Bengal Assembly Speaker Rathindra Bose. It was alleged in the petition that the Speaker did not decide on the petitions for canceling the membership of rebel MLAs within the time limit set by the Supreme Court. Earlier in September also, Shobhandev Chatterjee had approached the Supreme Court on this issue. On which the Supreme Court had expressed hope that the Speaker would take a decision in three months. The three-month deadline ended on October 8. In the petition, an appeal has been made to cancel the membership of Ritabrata along with Firhad Hakim, Sandipan Saha, Arup Roy, Akhruzzaman, Shiuli Saha, Sabina Yasmin, Rathin Ghosh, Biplab Mitra and Javed Ahmed Khan.