Key facts
- A group of dissident Trinamool Congress MPs plans to seek recognition as the "real TMC" parliamentary group from the Lok Sabha Speaker.
- Constitutional expert P D T Achary stated the Election Commission, not the Speaker, has the authority to decide which faction represents the "real TMC".
- Achary cited a Supreme Court ruling that the Speaker can decide such matters under the anti-defection law only when settling a case with two or more factions claiming to be the actual party.
- The rebel group must approach the Election Commission with evidence of majority support from MPs and MLAs and control over the party's organizational wing.
- Currently, the rebel MPs cannot be treated as a separate group or allocated different seats as the TMC's seats have already been allocated.
- Sudip Bandyopadhyay, a close aide to Mamata Banerjee, joined the rebel faction.
A constitutional expert has questioned the move by a group of dissident Trinamool Congress (TMC) MPs to seek recognition as the "real TMC" parliamentary group from the Lok Sabha Speaker, stating that such authority rests with the Election Commission.
P D T Achary, former Lok Sabha secretary general, explained that under the present circumstances, the Speaker has no role in deciding the "real TMC" status. He clarified that the power to determine the legitimate party faction lies with the Election Commission, which would examine which group has the majority of MPs and MLAs and controls the party's organizational wing.
Achary referenced a Supreme Court clarification by then Chief Justice of India D Y Chandrachud, stating the Speaker can decide such matters under the anti-defection law when two or more factions claim to be the actual party. However, he emphasized that the rebel group must first approach the Election Commission.
He further noted that as of now, the rebel MPs cannot be treated as a separate group and allocated different seats, as the TMC's seats in the Lok Sabha have already been assigned to the party led by Mamata Banerjee. The TMC has 28 members in the Lok Sabha and 13 in the Rajya Sabha, with three MPs having resigned so far.
The dissident faction, claiming the support of 19 Lok Sabha members, announced their intention to meet Speaker Om Birla. In a significant development, veteran parliamentarian Sudip Bandyopadhyay, considered a close aide to Mamata Banerjee, joined the rebel camp. Bandyopadhyay met Union Minister Bhupender Yadav and Union Home Minister Amit Shah, with sources indicating the rebels wish for him to lead the group in the Lok Sabha.