Kolkata: Chief Minister of Mamata Banerjee’s Swearing-In as MLA will be held on October 7, Biman Banerjee speaker said on Monday amid a sustainable uncertainty on whether the place would become Raj Bhavan or the State Assembly.
Raj Bhavan has not yet communicated whether Governor Jagdeep Dhankhar will manage oath or delegate it to the speaker according to the convention.
On October 3, immediately after the victory of the Banerjee poll in Bhowanipore (and in Jangipur and Shamsherganj), a request was made to the governor by the state that the Bengal speaker was given the responsibility for managing the oath of the newly elected MLA on October 4 on October 4.
Based on Article 188 of the Constitution, only the Governor or “Some of the people appointed in his name” can give an oath to MLA.
The governor usually delegates this power to Pro TEM and speaker speakers.
In Bengal, the strength delegated by the governor will end on October 5, pushing new letters by the state.
The speaker does not comment on this.
With Raj Bhavan Silent, the Minister of Parliament the State of Partha Chatterjee again wrote to the governor urging him to give an oath to the Assembly.
“We have asked the governor to go down to Vidhan Sabha on October 7 before midday to swear to CM and two other MLA.
We want to have an oath to be held at Vidhan Sabha, so we have sent a request to the governor.
Hopefully the Governor will come to the Assembly,” Chatterjee said.
The Banerjee speaker said it was not clear whether the oath taking would be held in the assembly or in Raj Bhavan.
He, however, made it clear that it was the protocol that the oath at MLA must be held in the Assembly.
But he said that the governor might want to do it in Raj Bhavan.
“In this case, I might miss the ceremony swore, because I want to be in the State Assembly,” he said.
Biman added that Chatterjee had submitted a request to the governor to go down to the State Assembly for the ceremony swore at CM and two other newly elected MLA from Shamsherganj and Jangipur.
At night, Raj Bhavan issued a statement signed by Dhankhar on his Twitter handle.
On the demand of the previous state to delegate power to the speaker assembly to manage the oath, the statement said: “Practice and process at the level of the Assembly and the government appear to be from a legal misunderstanding.” In the specific oath taking, he said, “once in the case of the legal regime applies, the results of repairs are made, this problem will go through the right channel taken to my notification where under the call in accordance with Article 188 the Constitution will be taken.”