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Constitutional expert questions plan of TMC rebel MPs  to seek ‘real TMC’ status from Speaker

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A constitutional expert has questioned the move of the rebel Trinamool Congress MPs to seek “real TMC” status for the party’s breakaway group from the Lok Sabha Speaker, saying such an authority lies with the Election Commission.A group of dissident MPs on Friday claimed the support of 19 Lok Sabha members and announced they would meet Speaker Om Birla on Monday to seek recognition as the “real TMC” parliamentary group.Former Lok Sabha secretary general and constitutional expert PDT Achary told PTI on Jattvibeday that under the present circumstances in the TMC case, the Lok Sabha Speaker has no role.”The power to decide on the real TMC lies with the Election Commission. In the Subhash Desai case, then chief justice of India DY Chandrachud had made it clear that the speaker can decide in such a case while settling a case under the anti-defection law matter when there are two or more factions claiming to be the actual or real party,” he opined.He said the rebel group has to approach the EC with a plea that they have the largest number of MPs and MLAs and that they have control over the party’s organisational wing.The poll authority, he said, will then examine the case by listening to both the factions and decide on the case which has to withstand judicial scrutiny.Citing anti-defection law and the 10th Schedule of the Constitution, Achary said as of now, they cannot be treated as a separate group and allocated different seats as the TMC led by Mamata Banerjee has already been allotted seats in the Lok Sabha.He said as of now, the rebels have not been given the status of a recognised separate group, hence no separate sitting arrangements can be made for them at present.The TMC has been rocked by a rebellion by a large section of its lawmakers in the state and at the Centre following its defeat in the West Bengal Assembly elections.The party has 28 members in the Lok Sabha, and 13 in the Rajya Sabha, of whom three have resigned so far.In a fresh jolt to the beleaguered Trinamool Congress chief, one of her closest political aides Sudip Bandyopadhyay on Saturday joined the rebel camp that is preparing to approach Birla to seek recognition as the “real TMC” parliamentary group.Bandyopadhyay, a veteran parliamentarian who has long been regarded as one of Banerjee’s trusted lieutenants in Parliament, had met Union Minister Bhupender Yadav along with rebel TMC MP Satabdi Roy, as the dissident faction stepped up its challenge to the party leadership. He also met Union Home Minister Amit Shah.Sources in the dissident camp had said they want Bandyopadhyay to lead the group in the Lok Sabha.The rebels have announced that they will meet Birla on Monday and seek recognition as the “real TMC” parliamentary group.

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