Calcutta HC refuses stay on Ritabrata Banerjee's LoP recognition in West Bengal
Synopsis
The Calcutta High Court has refused to stay West Bengal Speaker Rathindra Bose's recognition of expelled TMC legislator Ritabrata Banerjee as Leader of the Opposition — but the bench pointedly asked whether a party-expelled MLA can hold the post without party consent. With a CID probe into alleged signature forgery running in parallel, this is a full-blown constitutional and political crisis inside the TMC.
Key Takeaways
The Calcutta High Court on 11 June refused to grant an interim stay on West Bengal Assembly Speaker Rathindra Bose's recognition of Ritabrata Banerjee as Leader of the Opposition.
Justice Krishna Rao directed parties to first place the Speaker's formal order before the court before seeking further relief.
The bench raised the question of whether a party-expelled legislator can be recognised as LoP without the party's formal consent.
60 of 80 TMC legislators — rising to 65 by 1 June , according to Banerjee — backed his breakaway bloc; 20 remain with Mamata Banerjee and Abhishek Banerjee .
A CID probe is underway into alleged signature mismatches in a resolution nominating Sovandeb Chattopadhyay as LoP.
TMC suspended Ritabrata Banerjee and Sandipan Saha after they flagged the alleged irregularities to the Speaker's office.
A single-judge vacation bench of the Calcutta High Court on Thursday, 11 June refused to grant any interim protective order against the decision of West Bengal Assembly Speaker Rathindra Bose to recognise expelled All India Trinamool Congress (TMC) legislator Ritabrata Banerjee as the Leader of the Opposition (LoP) in the West Bengal Assembly. The refusal leaves the Speaker's recognition of Banerjee in place, at least for now, pending further proceedings.
What the Court Said
The matter came before Justice Krishna Rao on Thursday following a petition filed earlier this week challenging the Speaker's decision. After hearing arguments, the bench declined to stay the recognition, instead directing all parties to first place the Speaker's formal order on record before approaching the court again.
Notably, the bench raised a pointed constitutional question during the hearing: whether a legislator who has been expelled from a political party — as Ritabrata Banerjee was — can be recognised as Leader of the Opposition without the formal consent of that party. The question was raised but not adjudicated, and the matter remains pending.
The TMC Split: How It Unfolded
The current standoff stems from a sharp fracture within the Trinamool Congress legislative party. The party currently holds 80 seats in the 294-seat West Bengal Assembly. Of these, 60 legislators — a figure Banerjee claimed had risen to 65 by 1 June — aligned with his breakaway bloc. The remaining 20 legislators continue to back former West Bengal Chief Minister Mamata Banerjee and party General Secretary Abhishek Banerjee.
The crisis was triggered when Ritabrata Banerjee and legislator Sandipan Saha alleged signature mismatches in a resolution submitted to the Speaker's office. That resolution had nominated Sovandeb Chattopadhyay as LoP, Asima Patra and Nayna Bandopadhyay as deputy leaders, and Firhad Hakim as Chief Whip of the TMC legislative party.
CID Probe and Party Suspensions
Following the signature-mismatch complaint, the Criminal Investigation Department (CID) launched a probe into the alleged irregularities. The Trinamool Congress responded swiftly by suspending both Ritabrata Banerjee and Sandipan Saha.
Shortly after the suspensions, the bloc of 60 legislators led by Banerjee submitted a fresh resolution to the Speaker, claiming to represent the majority faction of the TMC legislative party. Speaker Rathindra Bose accepted the resolution and officially recognised Banerjee as the Leader of the Opposition — a decision that is now before the courts.
What Happens Next
The Calcutta High Court has effectively asked for the Speaker's order to be formally produced before the bench before any further relief is considered. The constitutional question around anti-defection provisions and party consent for LoP recognition is likely to become the central legal battleground. With the CID probe ongoing and the TMC's internal war playing out simultaneously in the Assembly and the courts, the political and legal fallout in West Bengal is far from settled.
Point of View
In effect, a short-term win for Ritabrata Banerjee — but the bench's pointed question about party consent signals the real legal fight is just beginning. The anti-defection law was designed precisely to prevent floor-crossing of this kind, and the constitutional tension between a Speaker's discretion and a party's right to determine its own legislative leadership is unresolved. What makes this episode unusual is the CID probe running alongside: if signature forgery is established, the entire chain of events that led to Banerjee's recognition unravels. The TMC's internal war has now migrated from party offices to both the Assembly floor and the courts — and neither arena has delivered a clean verdict yet.
NationPress
27 Jul 2026
Frequently Asked Questions
What did the Calcutta High Court decide on 11 June regarding Ritabrata Banerjee?
The Calcutta High Court refused to grant an interim stay on West Bengal Assembly Speaker Rathindra Bose's decision to recognise Ritabrata Banerjee as Leader of the Opposition. The bench directed all parties to first place the Speaker's formal order on record before seeking further relief.
Why was Ritabrata Banerjee expelled from the Trinamool Congress?
Ritabrata Banerjee was suspended by the Trinamool Congress after he and legislator Sandipan Saha alleged signature mismatches in a resolution submitted to the Speaker's office nominating Sovandeb Chattopadhyay as Leader of the Opposition. The party acted swiftly after the complaint triggered a CID probe.
What is the CID probe in the West Bengal Assembly about?
The Criminal Investigation Department is probing alleged mismatches in the signatures of certain TMC legislators on a resolution that nominated Sovandeb Chattopadhyay as LoP, Asima Patra and Nayna Bandopadhyay as deputy leaders, and Firhad Hakim as Chief Whip. The probe was initiated after Ritabrata Banerjee and Sandipan Saha brought the alleged irregularities to the Speaker's attention.
How many TMC legislators support Ritabrata Banerjee's breakaway bloc?
According to Banerjee, 60 of the TMC's 80 West Bengal Assembly legislators initially backed his bloc, a figure he claimed had risen to 65 by 1 June. The remaining 20 legislators continue to support Mamata Banerjee and party General Secretary Abhishek Banerjee.
What key legal question did the Calcutta High Court raise during the hearing?
The bench raised the question of whether a legislator expelled from a political party can be recognised as Leader of the Opposition without the formal consent of that party. The question was not adjudicated and is expected to be central to future proceedings in the case.
