'Decide by October 8': Supreme Court Urges Bengal Speaker on TMC Rebel MLAs' Disqualification
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The Supreme Court of India on Monday, September 28, 2026, intervened in the ongoing legislative feud within the Trinamool Congress (TMC), directing the Speaker of the West Bengal Legislative Assembly to expedite the adjudication of disqualification petitions filed against 10 rebel legislators. Disposing of a writ petition moved by senior Mamata Banerjee loyalist and minister Sovandeb Chattopadhyay, the top court underscored its established constitutional jurisprudence that disqualification pleas must ordinarily be decided within a three-month window. Noting that the anti-defection petitions were formally lodged on July 8, the bench remarked that the presiding officer is expected to conclude proceedings and deliver a verdict by the October 8 deadline.
CJI Surya Kant Bench Emphasizes Precedent: Sibal Flags Procedural Delay Pattern
The matter was placed before an apex court bench led by Chief Justice Surya Kant, which scrutinized the timeline of the anti-defection machinery:
Adhering to Settled Law: Chief Justice Surya Kant emphasized that the Speaker must honor the legal standards laid down by the Supreme Court regarding timely adjudication, cautioning that indefinitely sitting on anti-defection petitions undermines parliamentary democracy.
Arguments by Senior Advocate Kapil Sibal: Appearing on behalf of petitioner Sovandeb Chattopadhyay, Kapil Sibal argued that a familiar political pattern was unfolding, where inaction on disqualification pleas in the Assembly is leveraged to create parallel factions and secure interim relief before the Election Commission.
Three-Month Window Nearing Expiry: Sibal urged the court to issue formal notice, highlighting that the mandated three-month timeframe concludes on October 8 and that the party cannot be left in procedural paralysis while rebel legislators alter the floor balance.
Disqualification Pleas Against 10 Rebel Legislators: The Ritabrata Banerjee Faction
The legal escalation is rooted in an organizational rebellion that surfaced following recent state electoral outcomes:
Petitions Filed on July 8: Mamata Banerjee's camp, through Sovandeb Chattopadhyay, moved the Assembly Secretariat seeking the disqualification of 10 sitting MLAs under the Tenth Schedule, citing willful defiance of party discipline and anti-party activities.
Rebellion Led by Ritabrata Banerjee: The dissident bloc of lawmakers has been spearheaded by Ritabrata Banerjee, whose breakaway faction has staked claims challenging the authority of the party high command.
Dual Arena Litigation: TMC legal representative and veteran lawmaker Kalyan Banerjee stated that the apex court's observations echo rulings from earlier constitutional cases, such as the Meghalaya precedent, which firmly enforce the three-month ceiling for legislative Speakers.
Parallel Constitutional Deadlock: With parallel cross-petitions currently pending before both the Lok Sabha Speaker and the West Bengal Assembly Speaker, alongside the symbol tussle in the Supreme Court, the outcome of the October 8 deadline will decide the legislative status of the breakaway group.
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