TMC rebel Ritabrata Banerjee’s trouble in court? Calcutta HC questions his appointment as West Bengal LoP | Today’s news
The Calcutta High Court on Thursday questioned whether the Speaker of the West Bengal Assembly can recognize the Leader of the Opposition (LoP) without the consent of the political party concerned.
The court took note of this while hearing a challenge to recognize rebel MLA Ritabrata Banerjee as Leader of the Opposition, according to Live Law.
What happened during the hearing?
TMC nominee Sobhandeb Chattopadhyay on Thursday told the Calcutta High Court that the West Bengal Assembly Speaker’s decision to appoint MLA Ritabrata Banerjee as Leader of Opposition in the House struck at the basic structure of the Constitution.
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The Calcutta High Court has questioned the legitimacy of Ritabrata Banerjee’s appointment as Leader of the Opposition, arguing that such positions should be determined by a political party and not by the Speaker of the Assembly.
The TMC challenged the Speaker’s decision, claiming it undermined the party’s authority to appoint leadership roles, specifically claiming that the party had named Sobhandeb Chattopadhyay as the Leader of the Opposition.
The internal conflict escalated after allegations of forged signatures on documents regarding the appointment of the Leader of the Opposition led to a split in the TMC, prompting legal challenges by factions within the party.
Legal arguments suggest that the Speaker should not appoint the Leader of the Opposition without the consent of a political party, citing constitutional norms and party sovereignty in such matters.
The continued dissent within the TMC has raised concerns about potential splits affecting its organizational integrity and future election strategies, particularly with several MPs expressing their intention to quit.
Read also | Why rebel TMC MPs cannot escape disqualification under the anti-defection law
Senior advocate Kalyan Banerjee, appearing for Chattopadhyay, submitted before Justice Krishna Rao that the Mamata Banerjee-led TMC had informed the party president about the party’s decision to appoint Chattopadhyay to the LoP, according to news agency PTI.
He argued that it is the political party and not the legislative party that is the competent body to take such a decision and that the Speaker is bound to accept the choice of the political party.
“The Speaker’s action has struck at the basic structure of the Constitution,” Banerjee told the court.
Read also | TMC MP Prakash Chik Baraik resigns from Rajya Sabha, third exit in a week
Chattopadhyay and TMC chairperson Mamata Banerjee questioned the Speaker’s decision to name Ritabrata Banerjee, who claims the support of 57 other TMC MLAs, as the leader of the breakaway group and recognize him as LoP in the Assembly.
Seeking an interim stay on the Speaker’s decision, Kalyan Banerjee said the assembly was scheduled to convene on June 18.
The speaker’s counsel, Billwadal Bhattacharya, sought time to file an affidavit responding to the issues raised in the petition.
According to PTI, Justice Rao did not pass any interim order and fixed June 16 for the next hearing in the matter.
Read also | TMC MP Prakash Chik Baraik resigns from Rajya Sabha, third exit in a week
what is it about
Ritabrata Banerjee was appointed Leader of Opposition in the West Bengal Assembly by Speaker Rathindra Bose on June 3, receiving letters of support from 58 out of 80 TMC MLAs.
The rebellion in the TMC legislature, led by Ritabrata Banerjee, was triggered after allegations of forged signatures on a letter proposing Sobhandeb Chattopadhyay as the Leader of the Opposition.
On 6 May, the TMC recommended the name of MLA Sobhandeb Chattopadhyay for the post of Leader of Opposition and Chief Whip of the party in the West Bengal state assembly.
Soon after, allegations were made that several signatures of TMC legislators on the submitted documents were either forged or placed without their proper consent, after which Bengal Assembly Speaker Rathindra Bose refused to accept the recommendation.
Read also | Who is Ritabrata Banerjee? Former TMC leader’s ‘split’ in party leadership
Two expelled TMC legislators – Ritabrata Banerjee and Sandipan Saha – filed a complaint before Speaker Rathindra Bose that “no resolution was taken on the selection of LoP” in the party meeting on May 6 and that the duo signed the meeting’s resolution book later on May 19.
Both Banerjee and Saha were expelled from the TMC on June 1 on the grounds of indulging in “anti-party activities”, minutes after Chief Minister Suvendu Adhikari named them as complainants in the signature forgery case.
After the ruckus, Ritabrata, with the support of 58 MLAs, approached the Speaker and asked him to be appointed Leader of the Opposition. The contribution was later officially approved by the chairman.
Read also | Former TMC leader claims 20 MPs have sent letter to BJP, warning, “Dhurandhar Assembly 1…”
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 recognize suspended party president Ritabrata Banerjee as the Leader of Opposition in the state assembly.
It was in this case that the Calcutta High Court questioned the Speaker’s decision to appoint the West Bengal LoP.
