Calcutta HC reserves order on Trinamool LoP appointment challenge
Synopsis
A Calcutta High Court division bench has reserved its order on a petition by Mamata Banerjee's faction of TMC challenging Speaker Rathindra Bose's decision to appoint rebel legislator Ritabrata Banerjee as West Bengal's Leader of the Opposition — a ruling that could redraw factional power lines inside the Assembly.
Key Takeaways
A Calcutta High Court division bench of Justice Sampa Sarkar and Justice Ajay Kumar Gupta reserved its order on 17 July after concluding hearing in the TMC LoP dispute.
West Bengal Assembly Speaker Rathindra Bose appointed Ritabrata Banerjee as Leader of the Opposition on 3 June , citing a resolution from 58 of 80 TMC legislators.
The petitioner's faction, aligned with Mamata Banerjee and Abhishek Banerjee , argues the Speaker ignored an earlier official communication nominating Sovandeb Chattopadhyay for the post.
A single-judge bench of Justice Krishna Rao had previously upheld the Speaker's decision; the division bench appeal followed that ruling.
Petitioner's counsel Kalyan Banerjee sought a stay on the single-judge order and quashing of the Speaker's appointment.
A division bench of the Calcutta High Court on Friday, 17 July concluded hearing a petition filed by the 'original but minority' faction of the All India Trinamool Congress (TMC) challenging West Bengal Assembly Speaker Rathindra Bose's decision to appoint Ritabrata Banerjee — leader of the 'rebel but majority' faction — as the Leader of the Opposition (LoP) in the state Assembly. The bench of Justice Sampa Sarkar and Justice Ajay Kumar Gupta reserved its order after hearing arguments from both sides.
Background: How the dispute reached the division bench
Sovandeb Chattopadhyay, a veteran TMC legislator and a prominent face of the faction aligned with former West Bengal Chief Minister Mamata Banerjee and her nephew Abhishek Banerjee, first challenged the Speaker's decision before a single-judge bench of Justice Krishna Rao. Last month, Justice Rao's bench upheld Speaker Bose's decision, accepting Ritabrata Banerjee as both the leader of the new majority bloc within TMC in the House and the official Leader of the Opposition. Chattopadhyay subsequently appealed to the division bench, leading to Friday's proceedings.
What the Speaker's side argued
Appearing on behalf of the Speaker, Additional Advocate General of West Bengal Billwadal Bhattacharyya told the court that 58 of the 80 TMC legislators had submitted a resolution to the Speaker's office nominating Ritabrata Banerjee as the Leader of the Opposition. On the strength of that majority resolution, Speaker Bose formally appointed Ritabrata Banerjee to the post, the Additional Advocate General submitted.
What the petitioner's counsel argued
Countering that position, the petitioner's counsel — Kalyan Banerjee, a four-time TMC Lok Sabha member — told the court that prior to the majority faction's resolution, an official communication from the Trinamool Congress had already been sent to the Speaker's office nominating Sovandeb Chattopadhyay as the Leader of the Opposition. That communication, he argued, was completely ignored.
'Then, without informing anyone, the Speaker took the decision in his chamber on June 3 to appoint Ritabrata Banerjee as the Leader of the Opposition. The Speaker appointed an Opposition leader keeping everyone in the dark. It is completely illegal to favour one person in this manner,' Kalyan Banerjee said in his submissions. He also pleaded for a stay on the single-judge bench's earlier order and for the Speaker's decision to be quashed.
What happens next
With the division bench having reserved its order, the ruling will determine whether Ritabrata Banerjee retains the LoP position or whether the appointment is set aside. The outcome carries significant implications for the balance of power within TMC's fractured legislative presence in the West Bengal Assembly, and could set a precedent on how Speakers handle competing claims for Opposition leadership from rival factions of the same party. Notably, the TMC split has pitted legislators loyal to Mamata Banerjee against a numerically larger rebel grouping — an unusual inversion of the standard minority-majority dynamic within a party.
Point of View
Not the leadership-aligned one. That inversion complicates the standard anti-defection and legislative procedure frameworks, which were designed for simpler majority-minority splits. The Speaker's decision to act on a legislative majority resolution — while apparently bypassing an earlier party-official communication — raises a pointed question about where party authority ends and legislative arithmetic begins. The Calcutta HC's reserved order will be watched closely not just in West Bengal but in other states where ruling parties face internal factional contests, as it could clarify the limits of Speaker discretion in such situations.
NationPress
17 Jul 2026
Frequently Asked Questions
What is the TMC Leader of the Opposition dispute in West Bengal?
The dispute centres on West Bengal Assembly Speaker Rathindra Bose's decision on 3 June to appoint expelled TMC legislator Ritabrata Banerjee as the Leader of the Opposition, based on a resolution signed by 58 of the 80 TMC MLAs. The faction loyal to Mamata Banerjee has challenged this, arguing the Speaker ignored an earlier official party communication nominating Sovandeb Chattopadhyay for the role.
What did the Calcutta High Court decide on 17 July?
The division bench of Justice Sampa Sarkar and Justice Ajay Kumar Gupta concluded hearing arguments on 17 July and reserved its order. No ruling was delivered on the day; the bench will pronounce its verdict at a later date.
Why did the case move from a single-judge bench to a division bench?
A single-judge bench of Justice Krishna Rao had earlier upheld the Speaker's decision to appoint Ritabrata Banerjee as LoP. Petitioner Sovandeb Chattopadhyay then appealed that ruling before the division bench, which concluded its hearing on 17 July.
What is the petitioner's core legal argument?
The petitioner's counsel, Kalyan Banerjee , argued that the Speaker disregarded an official Trinamool Congress communication nominating Sovandeb Chattopadhyay as LoP and instead acted on a rival faction's resolution without informing the party leadership — a process he described as 'completely illegal.'
What are the implications of the court's eventual ruling?
The ruling will determine whether Ritabrata Banerjee retains the LoP position or whether the appointment is set aside. More broadly, it could establish a precedent on how Assembly Speakers must handle competing LoP nominations from rival factions of the same party.
