Legal experts say there is a constitutional clause regarding their participation or even sitting in the assembly without the approval of the state governor, which involves financial penalties.
Article 193 of the Indian Constitution gives the Governor the power to impose a fine of Rs 500 per day.
“If any person sits or votes as a member of the Legislative Assembly or Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is ineligible for membership of is, or is prohibited from doing so by the provisions of any law made by Parliament or the Legislature of the State, to levy a fine of five hundred rupees in respect of each day on which he sits or votes Will be responsible. As to debt payable to the State, read article 193.
In such a situation, legal experts say, even though Speaker Biman Bandyopadhyay had administered the oath to the new MLAs in a one-day special session of the House under the provisions of Section 5 of Chapter 2 of the 'Rules of Business' of the House. The Assembly, which authorizes the Speaker to do so during the House session, is doubtful as to how far it will be able to allow the two MLAs to participate in the proceedings of the House in the coming days.
Political observers say that although Rs 500 for each day of attending the proceedings is a nominal amount, the case is embarrassing both the MLAs and the party they represent.
Now how long this impasse will continue will depend on the office of President Draupadi Murmu, where both the Governor and the Speaker have sent their respective letters in this matter.
Article 193 of the Indian Constitution gives the Governor the power to impose a fine of Rs 500 per day.
“If any person sits or votes as a member of the Legislative Assembly or Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is ineligible for membership of is, or is prohibited from doing so by the provisions of any law made by Parliament or the Legislature of the State, to levy a fine of five hundred rupees in respect of each day on which he sits or votes Will be responsible. As to debt payable to the State, read article 193.
In such a situation, legal experts say, even though Speaker Biman Bandyopadhyay had administered the oath to the new MLAs in a one-day special session of the House under the provisions of Section 5 of Chapter 2 of the 'Rules of Business' of the House. The Assembly, which authorizes the Speaker to do so during the House session, is doubtful as to how far it will be able to allow the two MLAs to participate in the proceedings of the House in the coming days.
Political observers say that although Rs 500 for each day of attending the proceedings is a nominal amount, the case is embarrassing both the MLAs and the party they represent.
Now how long this impasse will continue will depend on the office of President Draupadi Murmu, where both the Governor and the Speaker have sent their respective letters in this matter.
