Despite oath, doubts linger over participation of two new MLAs in Bengal assembly

Kolkata, July 9 (HS). Despite the two newly elected Trinamool Congress MLAs being sworn in by the Speaker of the West Bengal Assembly last week, uncertainty remains over their participation in the proceedings of the House. Sayantika Banerjee, who won from Barahnagar, and Rayat Hussain Sarkar, the winning candidate from Bhagwangola, have taken the oath of MLA, but the Governor has called it against the Constitution. The reason is that they had nominated the Deputy Speaker of the Assembly Ashish Banerjee for the oath taking ceremony, while Speaker Biman Banerjee administered the oath to them in his place. Against this, the Governor has written a letter to the President saying that this is an act done against the Constitution.
Legal experts say that there is a provision in the Constitution that his participation or sitting in the assembly without the governor's approval is linked to a monetary penalty. According to Article 193 of the Indian Constitution, the governor has the power to impose a monetary penalty of Rs 500 per day.
High Court lawyer Sunil Rai said that according to Article 193, “If any person before complying with the requirements of Article 188, or knowing that he is disqualified or is prohibited by any law of Parliament or the State Legislature from doing so, sits or votes as a member of the Legislative Assembly or the Legislative Council, he shall be liable to a penalty of five hundred rupees for each day on which he is so disqualified, which shall be recovered as a debt due to the State.”
According to legal experts, Assembly Speaker Biman Banerjee had administered the oath to the new MLAs in a one-day special session of the House under the provisions of Section 5 of Chapter 2 of the 'Rules'. However, it is doubtful to what extent he will be able to allow the two MLAs to participate in the proceedings of the House in the coming days.
Political observers say that even though the fine of Rs 500 for each day of participation in proceedings is a nominal amount, the case is causing embarrassment to the MLAs and their party. It will be interesting to see how both the MLAs and their party deal with this financial penalty and legal hassle.
Now how long this deadlock will continue will depend on the office of President Draupadi Murmu, where both the Governor and the Speaker have sent their respective letters in the matter.
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