Calcutta High Court Tmc Speaker Leader Of Opposition Ritabrata Banerjee

was hearing the plea by TMC’s Sobhandeb Chattopadhyay, challenging the decision of the Speaker to recognise rebel TMC MLA Ritabrata Banerjee as the LoP.

Appearing for Chattopadhyay, senior advocate Kalyan Banerjee submitted before Justice Krishna Rao that the Mamata Banerjee-led TMC had informed the Speaker of the party’s decision to appoint Chattopadhyay as the LoP.

During the hearing, the court observed , “Can the Speaker, leaving aside the request of the political party, take into consideration the contention of the rebel party as per the 10th Schedule without consent of the political party…the person appointed as LoP is not in any party. He has been expelled.”

Appearing for the state, Additional Advocate General (AAG) Billwadal Bhattacharya sought more time.

TMC’s counsel Banerjee sought an interim stay on the Speaker’s decision.

Banerjee submitted that a meeting of elected MLAs was held on May 6, where Sobhandeb was chosen as the party’s nominee for the post of LoP. According to him, signatures of MLAs supporting him were subsequently obtained.

He further submitted, “A rebel group on June 3, led by Ritabrata and Sandipan Saha [both already expelled] submitted a representation to the Speaker with purported signatures of 59 MLAs. There is no law laid down how LoP will be appointed. Age-old custom is followed. Either they can merge with the parent political party or any other political party. The Speaker has gone beyond the practice and precedence.”

Banerjee contested that the consent of the legislative party was not enough to select the LoP, and the consent of the entire political party was required since the LoP reflected a party’s views in the House.

He submitted, “The Chief Whip takes directions that must come from the party chief and not from the Leader of the House. Provision of the 10th Schedule says that the direction must come from the political party and not the legislature party. Dispute here is that the political party’s decision has not been accepted but the 59-member legislative party has been accepted by the Speaker.”

According to Banerjee, “The LoP is the link between the Legislature and the political party…This is not a procedural mistake but an illegal procedure. These two persons have been expelled from the party, then how can the Speaker recognise him [Ritabrata] as the LoP. They have not even challenged the decision of expulsion.

Kindly stay this decision. Speaker will allocate the seats. Party’s choice has to be reflected.”

“The Speaker’s action hits the basic structure of the Constitution,” Banerjee submitted before the court.

Opposing interim relief, Speaker’s counsel AAG Billwadal Bhattacharya argued that the petition suffered from incomplete pleadings and that no specific prayer had been made for quashing the Speaker’s decision. He submitted that Assembly records could be obtained through the procedure prescribed under the House Rules, and sought time to place the relevant material before the Court.

The AAG submitted, “I can come up with the affidavit annexing all the documents including the order under Challenge. I will also argue on the question of maintainability.”

He said, “I have just received the file. There is no order annexed. They have made no application to the Assembly. Kindly give me the weekend.”

The Trinamool Congress on Monday moved Calcutta High Court challenging the decision by the Assembly Speaker Rathindra Bose to appoint expelled TMC MLA Ritabrata Banerjee as the LoP.

The petition seeks judicial review of the Speaker’s decision and appointment of the party’s LoP nominee, Sovandeb Chattopadhyay, as the party had earlier decided.

Justice Rao did not pass any interim order on Thursday and fixed June 16 for the next hearing in the matter.

Tanusree Bose is a dedicated journalist reporting for The Indian Express from Kolkata. Her work focuses sharply on the complex administrative, political, and judicial developments across West Bengal, establishing her as an authoritative voice in regional news coverage. Experience Current Role: Reports for the prestigious national daily, The Indian Express, providing her content with a high level of Trustworthiness. Geographical Expertise: Provides focused, in-depth coverage of West Bengal, demonstrating an intimate knowledge of the state's news and political nuances. Core Authority: Her reporting portfolio highlights deep Expertise in crucial, often sensitive, beats, including: State Politics and Governance: Covering the ruling Trinamool Congress (TMC), opposition strategies (BJP), and internal political controversies. Judicial and Administrative Affairs: Closely monitoring key developments in the Calcutta High Court, particularly major rulings related to employment, education, and social issues. Education Sector: Extensive reporting on significant controversies, such as teacher recruitment irregularities and administrative actions by the West Bengal Board of Secondary Education (WBBSE). Social & Electoral Issues: Covering public events, community tensions (e.g., religious/political gatherings), and election-related processes like the Special Intensive Revision (SIR) of the electoral roll. Tanusree Bose's consistent output and focus on high-stakes regional issues for a trusted media outlet underscore her status as a reliable and authoritative source for news from West Bengal. ... Read More