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The Calcutta High Court connected Thursday (June 11, 2026) questioned the Speaker’s determination to recognise the expelled Trinamool Congress MLA Ritabrata Banerjee arsenic the Leader of the Opposition (LoP) of the West Bengal Assembly without the consent of the governmental party.
While proceeding a petition filed by the Trinamool Congress against Speaker Rathindra Bose’s determination to judge a radical of 59 rebel MLAs’ connection to recognise Mr. Ritabrata Banerjee arsenic the LoP alternatively of Sobhandeb Chattopadhyay, the Single Bench of the court, presided implicit by Justice Krishna Rao, asked the State, “The person, who was appointed arsenic the LoP, doesn’t beryllium to immoderate governmental party. He was expelled. Can the Speaker recognise a rebel person arsenic the LoP without the consent of a governmental party?”
In response, the State, represented by Additional Advocate General (AAG) Bilwadal Bhattacharya, sought clip to record an affidavit with each applicable records, including the bid nether challenge. The tribunal scheduled the adjacent proceeding connected June 16.
Appearing for the petitioners, elder advocator and TMC MP Kalyan Bandyopadhyay argued that the Speaker’s determination “hit the Constitution’s basal structure” by violating its tenth docket that settled instrumentality governing the narration betwixt a governmental enactment and its legislature party.
Seeks interim stay
Seeking an interim enactment connected the Speaker’s decision, Mr. Bandyopadhyay told the court, “Who volition beryllium appointed arsenic the LoP? There is simply a ineligible operation that is usually followed. The bid volition beryllium carried from the consent of the governmental enactment to which helium belongs to, not the legislature party. This rebel radical is not consenting to beryllium merged to immoderate different governmental enactment portion 2 of their MLAs person been expelled. Independent MLAs are not successful immoderate governmental party. In specified a situation, determination should beryllium nary LoP.”
He argued that this substance was not astir whether “the signatures were close oregon wrong. It was lone astir the consent of a governmental party. After the enactment expelled him, it was not adjacent challenged. How could the Speaker recognise him arsenic the LoP? The Speaker’s latest determination was not adjacent uploaded connected the website oregon successful immoderate nationalist domain.”
At slightest 59 retired of the 80 MLAs of the rebel campy of the Trinamool Congress has chosen, a comparatively young Mr. Ritabrata Banerjee (47) arsenic Leader of the Opposition alternatively of a 10-time MLA Mr. Sobhandeb Chattopadhyay (82).
A missive nominating Mr. Chattopadhyay arsenic the LoP was submitted to the Speaker connected May 20, but MLAs Mr. Ritabarta Banerjee and Sandipan Saha alleged that their signatures were forged and ended up being expelled from the party. A First Information Report has been registered connected the ground of ailment of the expelled MLAs and probe has reached the doorstep of nationalist wide caput Abhishek Banerjee, who had signed the letter.
Mr. Bandyopadhyay further argued that a solution to nominate Mr. Chattopadhyay arsenic the LoP was passed by the TMC legislature enactment successful a gathering connected May 6 but it was not registered successful a written proposal. “So, different gathering was called connected May 19 to get those signatures but the May 6 was enactment arsenic the authoritative day for the connection erstwhile the solution was taken. At slightest 70 MLAs signed it that time portion galore were besides sending their signatures online. The solution was forwarded to the Speaker and besides the each subordinate by Mr. Abhishek Banerjee connected May 20. After the enactment expelled 2 MLAs Mr. Ritabrata Banerjee and Mr. Sandipan Saha, the determination was again forwarded to everyone. It is wide that the party’s decisions person been communicated each clip whether the ceremonial written solution was determination successful spot oregon not.”
Meanwhile, the AAG Mr. Bhattacharya argued that the petition suffered from incomplete pleadings and that nary circumstantial supplication had been made for quashing the Speaker’s decision. He submitted that Assembly records could beryllium obtained done the process prescribed nether the House Rules and sought clip to spot the applicable materials earlier the court.
