Calcutta HC division bench to hear challenge against Ritabrata Banerjee's LoP recognition in Bengal
Synopsis
Key Takeaways
Veteran All India Trinamool Congress (TMC) legislator Sovandeb Chattopadhyay on Friday, 19 June approached a division bench of the Calcutta High Court, challenging a single-judge order that upheld West Bengal Assembly Speaker Rathindra Bose's decision to recognise expelled TMC legislator Ritabrata Banerjee as the official Leader of Opposition (LoP) in the state assembly. The challenge escalates a fast-moving constitutional dispute over who legitimately leads the Trinamool legislative bloc in the 294-seat West Bengal Assembly.
The Single-Judge Order Under Challenge
On Thursday, Justice Krishna Rao of the Calcutta High Court declined to grant any interim direction against Speaker Rathindra Bose's acceptance of Ritabrata Banerjee as LoP, while scheduling the next hearing before his bench for 28 July. Justice Rao also directed both the petitioner and the defendant to file affidavits before that date. Before that hearing could take place, Chattopadhyay moved the division bench, effectively seeking a higher judicial review of the same order.
The Trinamool Split: Numbers on Each Side
At the heart of the dispute is a sharp factional divide within the TMC's legislative wing. Of the party's 80 legislators in the assembly, 60 are officially aligned with the rebel bloc led by Ritabrata Banerjee — though Banerjee had earlier this week claimed the number stood at 64. The remaining 20 legislators continue to back party supremo Mamata Banerjee and her nephew Abhishek Banerjee, making them a minority within the TMC legislative party. The Speaker's acceptance of the rebel bloc's fresh resolution as the majority position triggered the legal battle now before the court.
Signature Mismatch Probe and the CID Angle
A parallel criminal investigation adds another layer to the crisis. The Criminal Investigation Department (CID) has launched a probe into alleged mismatches in signatures on a resolution submitted to the Speaker's office — a document that had nominated Sovandeb Chattopadhyay as LoP, Asima Patra and Nayna Bandopadhyay as Deputy Leaders of the Opposition, and Firhad Hakim as Chief Whip of the Trinamool Legislative Party. The alleged irregularities were flagged by Ritabrata Banerjee and Sandipan Saha, who were subsequently suspended by the TMC.
How the Crisis Unfolded
The sequence of events began when TMC suspended Ritabrata Banerjee and Sandipan Saha after they raised the signature-mismatch allegations. In response, 60 legislators — led by the suspended members — revolted and submitted a fresh resolution to the Speaker, claiming to represent the majority bloc within the Trinamool Legislative Party. Speaker Rathindra Bose accepted this resolution, formally recognising Ritabrata Banerjee as the Leader of Opposition. This recognition was then challenged before Justice Rao's bench, whose order is now itself under challenge before the division bench.
What Happens Next
The division bench will now determine whether the single-judge order merits interference at this stage. Meanwhile, Justice Rao's bench retains the matter for a full hearing on 28 July, when affidavits from both sides are expected. The CID probe into the signature dispute continues independently. The outcome could have significant implications for the balance of power within the West Bengal Assembly and for the broader question of how courts review Speaker decisions on legislative party membership.