The Trinamool Congress (TMC) on Thursday argued before the Calcutta High Court that West Bengal Assembly Speaker Biman Banerjee's decision to recognise MLA Ritabrata Banerjee as the Leader of the Opposition (LoP) undermines the basic structure of the Constitution. The submission was made during a hearing on petitions filed by TMC chairperson Mamata Banerjee and party nominee Sobhandeb Chattopadhyay, who have challenged the Speaker's decision.
Petitioners' Argument
Senior advocate Kalyan Banerjee, representing Chattopadhyay, submitted that the Mamata Banerjee-led TMC had formally informed the Speaker of its decision to appoint Chattopadhyay as the LoP. He argued that it is the political party, not the legislative party, that has the authority to nominate the Leader of the Opposition. According to Banerjee, the Speaker was bound to accept the choice made by the political party. He stated, "The Speaker's action hits the basic structure of the Constitution."
Dispute Over Factional Claims
The dispute centres on the Speaker's recognition of Ritabrata Banerjee, who claims the support of 57 other TMC MLAs and leads a breakaway faction within the party. The petitioners have challenged the decision to recognise him as the LoP in the assembly. Additionally, Mamata Banerjee and Chattopadhyay questioned the Speaker's decision to recognise Sandipan Saha, another leader of the breakaway faction, as the Chief Whip.
Interim Relief Sought
Seeking interim relief, Kalyan Banerjee informed the court that the Assembly is scheduled to convene on June 18 and urged the court to stay the Speaker's decision pending adjudication of the matter. Counsel for the Speaker, Billwadal Bhattacharya, requested time to file an affidavit responding to the issues raised in the petitions.
Court's Decision
After hearing the parties, Justice Krishna Rao did not pass any interim order on Thursday. The court fixed June 16 as the next date of hearing in the matter.
