Calcutta HC questions expelled TMC MLA Ritabrata Banerjee’s appointment as LoP by Speaker

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Calcutta HC questions expelled TMC MLA Ritabrata Banerjee’s appointment as LoP by Speaker

Appearing for petitioners, senior advocate and TMC MP Kalyan Bandopadhyay argues that the Speaker’s decision ‘hit the Constitution’s basic structure’ by violating its tenth schedule that settled law governing relationship between a political party and its legislature party

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The Calcutta High Court on Thursday (June 11, 2026) questioned the Speaker’s decision to recognise the expelled Trinamool Congress MLA Ritabrata Banerjee as the Leader of the Opposition (LoP) of the West Bengal Assembly without the consent of the political party.

While hearing a petition filed by the Trinamool Congress against Speaker Rathindra Bose’s move to accept a group of 59 rebel MLAs’ proposal to recognise Mr. Ritabrata Banerjee as the LoP instead of Sobhandeb Chattopadhyay, the Single Bench of the court, presided over by Justice Krishna Rao, asked the State, “The person, who was appointed as the LoP, doesn’t belong to any political party. He was expelled. Can the Speaker recognise a rebel leader as the LoP without the consent of a political party?”

In response, the State, represented by Additional Advocate General (AAG) Bilwadal Bhattacharya, sought time to file an affidavit with all relevant records, including the order under challenge. The court scheduled the next hearing on June 16.

Appearing for the petitioners, senior advocate and TMC MP Kalyan Bandyopadhyay argued that the Speaker’s decision “hit the Constitution’s basic structure” by violating its tenth schedule that settled law governing the relationship between a political party and its legislature party.

Seeking an interim stay on the Speaker’s decision, Mr. Bandyopadhyay told the court, “Who will be appointed as the LoP? There is a legal structure that is usually followed. The order will be carried from the consent of the political party to which he belongs to, not the legislature party. This rebel group is not willing to be merged to any other political party while two of their MLAs have been expelled. Independent MLAs are not in any political party. In such a situation, there should be no LoP.”

He argued that this matter was not about whether “the signatures were right or wrong. It was only about the consent of a political party. After the party expelled him, it was not even challenged. How could the Spe

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