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regular-article-logo Wednesday, 30 October 2024

Governor Ananda Bose delayed MLAs' oath: Bengal chief minister Mamata Banerjee

The Speaker conducted the affirmation ceremony under Rule 5 of the Rules of Procedure and Conduct of Business, West Bengal Legislative Assembly, after the Assembly received no delegation of authority for the affirmation ceremony from Raj Bhavan

Saibal Gupta Calcutta Published 24.07.24, 11:03 AM
CV Ananda Bose. 

CV Ananda Bose.  File image

Chief minister Mamata Banerjee criticised governor C.V. Ananda Bose for "creating unnecessary hurdles" to the oath-taking of four newly elected MLAs whom Speaker Biman Banerjee swore in the Assembly on Tuesday.

The Speaker conducted the affirmation ceremony under Rule 5 of the Rules of Procedure and Conduct of Business, West Bengal Legislative Assembly, after the Assembly received no delegation of authority for the affirmation ceremony from Raj Bhavan.

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The chief minister came down heavily on the governor and said: "Why didn't the governor come to the Assembly to administer the oath of the four MLAs? He was instead delaying the matter. The governor should act according to law."

The chief minister was referring to Raj Bhavan's allegedly delaying tactics, noting that despite the state parliamentary affairs department's letter to Bose last Monday requesting him to administer the oath, the governor instead sent a reply questioning the legislative and constitutional procedures in the Speaker's office.

The governor questioned why Biman Banerjee administered the oath to MLAs Sayantika Banerjee and Reyat Hossain Sarkar despite the deputy Speaker being appointed as his representative, and why the Assembly was placed in sine die mode, allowing the Speaker to reconvene it without Bose's consent, instead of being adjourned.

BJP legislators, following this tug-of-war between the Raj Bhavan and the state Assembly, stayed away from the oath-taking ceremony alleging that the entire process was unconstitutional.

"The Speaker has followed Rule 5 of the Rules of Procedure and Conduct of Business, West Bengal Legislative Assembly and conducted the affirmation. There is nothing unconstitutional in it," the chief minister said.

"The oath-taking can only be done under Rule 188 of the Constitution where the governor conducts the swearing-in or delegates the responsibility to someone. The governor delegated the authority to the Deputy Speaker who refused to take the responsibility and the Speaker conducted the oath. This is unconstitutional. They (TMC) also know that and are trying to justify it," Opposition chief whip Shankar Ghosh said.

The swearing-in imbroglio is restricted to the four elected MLAs. The Raj Bhavan and the Assembly also locked horns over the affirmation of MLAs Sayantika Banerjee and Reyat Hossain Sarkar.

"The two MLAs took oath after one month. They lost one month. The Speaker requested him (to conduct the swearing-in ceremony). He could have come to the Assembly, which is a few steps away from Raj Bhavan but went to Delhi instead," Mamata said.

"The governor assigned the responsibility to the deputy Speaker. But the deputy Speaker expressed his inability and asked the Speaker to administer the oath. Where is the mistake in that? The deputy Speaker did not want to administer the oath in the presence of the Speaker. It is recorded in the session," she added.

"Our Constitution exists alongside conventions. The integration of the Constitution and convention creates precedence. This saves democracy," Mamata said.

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