West Bengal: Raj Bhavan fines two TMC MLAs over 'illegal' swearing-in

Two newly elected Trinamool Congress (TMC) MLAs, who were sworn in by the West Bengal Assembly speaker recently, on Monday said they received mails from Raj Bhavan questioning the legality of the swearing-in process, and asking them to pay a fine of Rs 500 each.

Speaker Biman Banerjee had administered the oath to Rayat Hossain Sarkar and Sayantika Banerjee on 5 July in the Assembly, though the governor had appointed deputy speaker Asish Banerjee for the task.

Sarkar said the mails informed the two that a fine of Rs 500 was being imposed on each of them since, it alleged, their oath-taking and attending the Assembly session on its first day violated Constitutional norms.

The 10-day session of the House began on Monday and was adjourned after obituary references. Banerjee told PTI: "We have met the speaker and showed him the mail. He said the speaker's office is looking into the issue. We understand we have no problem in attending the session as elected representatives after taking oath in the temple of democracy — the state legislature.

To a question, she said she would continue to attend the Assembly session. Asked if she had paid the fine, Banerjee said, "Why should I? Have we done anything illegal or improper?"

The emails said when the Constitutional head of the state designated someone to administer an oath to MLAs, the speaker had no jurisdiction in the matter. The mails also alleged that several clauses were violated by the two newly elected MLAs by taking oath under the Speaker and attending the House session.

While Raj Bhavan sources confirmed that such emails were sent to the MLAs concerned, the speaker could not be contacted for his comments.

The swearing-in of Sarkar and Banerjee on 5 July ended a month-long impasse between Raj Bhavan and the Assembly over the venue of the ceremony and the administering authority.

On 4 July, governor C.V. Ananda Bose authorised deputy speaker Asish Banerjee to administer the oath in the Assembly, retracting his earlier stance that the MLAs would be sworn in at Raj Bhavan. However, during the one-day special session, Banerjee declined to administer the oath, citing that it would be inappropriate in the presence of the speaker.

"The Constitutional transgression has been done in spite of Hon’ble Governor appointing Deputy Speaker as the person before whom the two newly elected MLAs shall make and subscribe an oath or affirmation," a statement from Raj Bhavan said on 5 July.