The Supreme Court has asked the West Bengal Legislative Assembly Speaker to take an appropriate decision by October 8, 2026, on disqualification petitions against 10 rebel Trinamool Congress (TMC) MLAs. The petitions were filed by TMC MLA Sohandeb Chattopadhyay under the anti-defection provisions of the Constitution.
The development came as the apex court heard a plea seeking an expedited decision on the pending disqualification proceedings. A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, disposed of the petition while referring to the court’s earlier ruling on the timeframe for deciding disqualification cases.
Disqualification Pleas Filed Against 10 MLAs
The petitions before the Speaker concern 10 MLAs associated with the rebel faction led by Ritabrata Banerjee. The legislators named in the proceedings include Ritabrata Banerjee, Arup Roy, Firhad Hakim, Sandipan Saha, Akhuruzzaman Ansari, Shiuli Saha, Sabina Yasmin, Biplab Mitra, Javed Khan and Rathin Ghosh.
The petitions were filed on July 8, 2026, seeking action under the Tenth Schedule of the Constitution, commonly known as the anti-defection law. The petitioners have alleged that the legislators had rebelled against the TMC and become associated with a rival faction.
The allegations have not been finally decided by the Speaker, and the Supreme Court’s latest proceedings did not determine whether any of the MLAs should be disqualified.
Supreme Court Refers to Three-Month Timeframe
While considering the matter, the Supreme Court referred to its earlier judgment in Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly. In that case, the court held that the Speaker’s power to decide disqualification petitions should be exercised within a reasonable period and indicated three months as the ordinary timeframe, barring exceptional circumstances.
Applying that principle to the West Bengal proceedings, the court noted that the three-month period from July 8 would expire on October 8.
The bench expressed confidence that the Speaker was aware of the principles laid down by the Supreme Court and would make efforts to take an appropriate decision within the relevant timeframe.
Petition Filed by Sohandeb Chattopadhyay
The plea before the Supreme Court was filed by TMC MLA Sohandeb Chattopadhyay, who sought an early decision on the disqualification petitions pending before the Speaker.
Senior advocate Kapil Sibal, appearing for Chattopadhyay, argued that delays in deciding disqualification cases can create difficulties when rival political factions are simultaneously seeking recognition and other forms of official status.
The petitioner had sought the court’s intervention to ensure that the proceedings were dealt with expeditiously. The Supreme Court, however, disposed of the petition after referring to its existing precedent on the timeframe for deciding such matters.
Tenth Schedule and Anti-Defection Proceedings
The Tenth Schedule of the Constitution provides for disqualification of legislators on specified grounds, including voluntarily giving up membership of a political party or voting contrary to a party direction in circumstances covered by the law.
The Speaker normally decides disqualification petitions at the legislative level. However, the Supreme Court has previously held that such proceedings cannot be kept pending indefinitely because prolonged delays can undermine the purpose of the anti-defection framework.
The court’s latest observation therefore focuses on the timeliness of the proceedings, rather than the merits of the allegations against the 10 MLAs.
Decision Expected Before October 8
With the three-month period set to expire on October 8, attention will now be on the proceedings before the West Bengal Assembly Speaker.
The Supreme Court has not ruled on whether the 10 legislators are disqualified. That question remains before the Speaker under the constitutional framework. The court’s intervention was limited to emphasising the timeframe established in its earlier judgment.
The matter also comes amid a wider dispute between rival TMC factions over political control and recognition. Separate proceedings concerning the party’s name and election symbol are being considered by the Election Commission.
The Speaker’s decision on the pending disqualification petitions will determine the next stage of the proceedings involving the 10 MLAs. Until a final decision is taken, the allegations and claims surrounding their alleged defection remain subject to the constitutional process.