Trouble for TMC rebel Ritabrata Banerjee in court? Calcutta HC questions his appointment as West Bengal LoP
The Calcutta High Court questioned on Thursday whether the West Bengal Assembly Speaker could recognise a Leader of Opposition (LoP) without the consent of the
The Calcutta High Court questioned on Thursday 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? 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. Quick answers to key questions • 5 QUESTIONS 1 What is the legal status of Ritabrata Banerjee as Leader of Opposition in West Bengal? ⌵ The Calcutta High Court has questioned the legitimacy of Ritabrata Banerjee's appointment as Leader of Opposition, asserting that a political party, not the Assembly Speaker, should determine such positions. 2 Why did the Mamata Banerjee-led TMC challenge the Speaker's decision regarding Banerjee's appointment? ⌵ The TMC challenged the Speaker's decision because they claimed it undermined the party's authority to appoint leadership roles, specifically asserting that the party had designated Sobhandeb Chattopadhyay as the Leader of Opposition. 3 How did the internal conflict within the TMC escalate to legal action?
⌵ The internal conflict escalated after allegations of forged signatures on documents regarding the appointment of the Leader of Opposition led to a split in TMC, triggering legal challenges by factions within the party. 4 Should the West Bengal Assembly Speaker have the authority to appoint the Leader of Opposition? ⌵ Legal arguments suggest that the Speaker should not appoint a Leader of Opposition without the political party's consent, pointing to constitutional norms and party sovereignty in such matters. 5 What are the implications of the TMC's internal dissent on its political future? ⌵ The ongoing dissent within the TMC has raised concerns about potential splits, affecting its organizational integrity and future electoral strategies, particularly with several MPs expressing intentions to leave. 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. Also Read | TMC MP Prakash Chik Baraik resigns from Rajya Sabha, third exit in a week 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.
