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Supreme Court criticises Suvenda Adhikari’s move to bypass High Court: Petition stands dismissed as withdrawn

Last Updated on February 27, 2023 by Administrator

Opposition leader in the West Bengal legislative assembly, Suvendra Adhikari, withdraws his plea before the Supreme Court after SC disapproved their move to bypass Calcutta High Court. SC allowed to file the petition in the high court to take recourse to proper remedies. 

Adhikari had filed the petition challenging the decision of speaker Biman Banerjee, who, on June 8, 2022, ruled out that MLA Mukul Roy was a BJP MLA and therefore denied the disqualification of Roy for alleged defection to Trinamool Congress (TMC). 

On Friday, two judge bench comprising Justices Dinesh Maheshwari and Sanjay Kumar expressed reservation in entertaining the plea. It said, “how can you bypass the high court like this? We see no reason to interfere. You cannot approach us like this. We are expressing our reservations.” The court also mentioned in its order that earlier, too, the petition challenging the speaker was filed in this court and withdrawn later. It said, “in an earlier occasion also, you attempted to challenge the speaker in supreme court with a detailed order, thereafter, you withdrew it and went to the high court, and it is pending. And now you will come against speaker order pursuant to order later on passed. Why will you not go to the high court?” 

Senior advocate Gopal Sankaranarayan, appearing for Adhikari, submitted that they filed the petition in the supreme court essentially for the reason that earlier SLP challenging the high court is pending in this court. 

The bench contended to move the plea to Calcutta High Court. On seeking permission to withdraw the petition before the supreme court by petitioners, the bench granted the permission and gave liberty to move to the high court.

Written By – Shagun Behal

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