Trouble for TMC rebel Ritabrata Banerjee in court? Calcutta HC questions his appointment as West Bengal LoP

The Calcutta High Court on Thursday questioned whether the West Bengal Assembly Speaker could recognise a Leader of Opposition (LoP) without the consent of the political party concerned.

The court observed this while hearing a challenge to the recognition of rebel MLA Ritabrata Banerjee as the Leader of the Opposition, according to Live Law.

What happened during the hearing?

Trinamool Congress (TMC) nominee Sobhandeb Chattopadhyay told the Calcutta High Court on Thursday that West Bengal Assembly Speaker's decision to appoint MLA Ritabrata Banerjee as the leader of opposition in the House hits the basic structure of the Constitution.

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, according to news agency PTI.

He argued that it is the political party, and not the legislative party, that is the competent authority to take such a decision and that the Speaker is bound to accept the political party's choice.

"The Speaker's action hits the basic structure of the Constitution," Banerjee submitted before the court.

Chattopadhyay and TMC chairperson Mamata Banerjee have challenged the Speaker's decision to appoint Ritabrata Banerjee, who claims the support of 57 other TMC MLAs, as the leader of a breakaway group and to recognise him as the LoP in the Assembly.

Seeking an interim stay on the Speaker's decision, Kalyan Banerjee submitted that the Assembly is scheduled to convene on 18 June.

Counsel for the Speaker, Billwadal Bhattacharya, sought time to file an affidavit responding to the issues raised in the petition.

As per PTI, Justice Rao did not pass any interim order and fixed 16 June for the next hearing in the matter.

What's the case?

Ritabrata Banerjee was appointed the Leader of the Opposition in the West Bengal Assembly by Speaker Rathindra Bose on 3 June, as he submitted letters of support from 58 of 80 TMC MLAs.

The rebellion in the TMC legislation, led by Ritabrata Banerjee, was triggered following allegations of forged signatures on a letter proposing Sobhandeb Chattopadhyay as the Leader of Opposition.

On 6 May, the TMC recommended MLA Sobhandeb Chattopadhyay’s name for the position of the Leader of the Opposition and the party’s chief whip in the West Bengal state assembly.

Soon after, allegations were levelled that several of the TMC legislators’ signatures on the documents submitted were either forged or placed without their proper consent, after which Bengal Assembly Speaker Rathindra Bose refused to accept the recommendation.

Two expelled TMC legislators – Ritabrata Banerjee and Sandipan Saha – had lodged a complaint before Speaker Rathindra Bose that "no resolution was adopted about the selection of LoP" in the party's 6 May meeting, and that the duo had signed the meeting resolution book on a later date on 19 May.

Both Banerjee and Saha were expelled from the TMC on 1 June on grounds of indulging in "anti-party activities", minutes after Chief Minister Suvendu Adhikari named them as complainants in the signature forgery case.

Following the turmoil, with the support of 58 MLAs, Ritabrata approached the Speaker seeking his appointment as the Leader of the Opposition. The submission was officially approved by the Speaker later.

On Monday, June 8, the Mamata Banerjee-led Trinamool Congress (TMC) moved the Calcutta High Court, challenging the West Bengal Assembly Speaker's decision to recognise suspended party leader Ritabrata Banerjee as the leader of the opposition in the state Assembly.

It was in this case that the Calcutta High Court questioned the Speaker's decision on the appointment of the West Bengal LoP.