Calcutta HC reserves verdict on Ritabrata Banerjee LoP dispute
Synopsis
A single-judge bench of the Calcutta High Court has reserved its verdict on whether an expelled TMC legislator can be constitutionally recognised as Leader of the Opposition — a question that cuts to the heart of anti-defection law, Speaker's discretion, and a widening crack inside Trinamool's legislative wing in West Bengal.
Key Takeaways
Calcutta High Court Justice Krishna Rao reserved judgment on 17 June on a petition challenging the LoP recognition of expelled TMC MLA Ritabrata Banerjee .
The court questioned why the rival bloc was recognised without a hearing for the party's political leadership.
TMC holds 80 seats in the 294-seat West Bengal Assembly ; 60 legislators (reportedly rising to 65 by 1 June ) back Ritabrata Banerjee's bloc.
A CID probe is underway over alleged signature mismatches in a resolution nominating Sovandeb Chattopadhyay as LoP.
Speaker Rathindra Bose accepted the breakaway bloc's fresh resolution and formally recognised Ritabrata Banerjee as Leader of the Opposition.
The Calcutta High Court on Monday, 17 June reserved its judgment on a petition challenging West Bengal Assembly Speaker Rathindra Bose's decision to recognise expelled Trinamool Congress (TMC) legislator Ritabrata Banerjee as the Leader of the Opposition (LoP) — a ruling that could reshape the balance of power inside the 294-seat West Bengal Assembly. The hearing concluded before a single-judge bench of Justice Krishna Rao after three rounds of arguments.
What the Court Questioned
During proceedings, Justice Rao raised a pointed question: why was the rival bloc's demand for recognition accepted without first giving the political leadership of the party it claims to represent an opportunity to be heard? The bench had earlier flagged a related concern — whether a legislator expelled from his party could, without the formal consent of that party's leadership, be constitutionally recognised as the Leader of the Opposition.
The Split Inside TMC's Legislative Wing
Trinamool Congress currently holds 80 seats in the West Bengal Assembly. Of these, 60 legislators — a number Ritabrata Banerjee claimed had risen to 65 by 1 June — threw their support behind his breakaway bloc. The remaining 20 legislators continue to back the old bloc loyal to former West Bengal Chief Minister Mamata Banerjee and party General Secretary Abhishek Banerjee.
The Signature Controversy and CID Probe
The crisis was triggered by allegations of 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 Trinamool legislative party. Ritabrata Banerjee and Sandipan Saha flagged the alleged discrepancies, prompting a Criminal Investigation Department (CID) probe that is currently underway.
Trinamool swiftly suspended both Banerjee and Saha. Shortly after, the 60-member bloc led by Banerjee submitted a fresh resolution claiming majority status within the Trinamool legislative party. Speaker Rathindra Bose accepted the resolution and formally recognised Ritabrata Banerjee as the Leader of the Opposition — a decision now under judicial scrutiny.
What Happens Next
With judgment reserved, the Calcutta High Court's ruling will be closely watched by both factions. A verdict against the Speaker's decision could effectively strip Ritabrata Banerjee of the LoP designation and force a reassessment of the Assembly's opposition structure. The case also carries wider implications for anti-defection law and the limits of Speaker's discretion in recognising legislative blocs.
Point of View
Especially when expulsion precedes the revolt, remains a legal grey zone. If the court overturns the Speaker's decision, it will embolden party leaderships across India to challenge Speaker rulings more aggressively. If it upholds it, it hands a playbook to dissidents in any large legislative bloc.
NationPress
2 Aug 2026
Frequently Asked Questions
What is the Calcutta High Court case involving Ritabrata Banerjee about?
The case is a petition challenging West Bengal Assembly Speaker Rathindra Bose's decision to recognise expelled TMC legislator Ritabrata Banerjee as the Leader of the Opposition. Justice Krishna Rao reserved judgment on 17 June after three hearings.
Why was Ritabrata Banerjee expelled from Trinamool Congress?
Ritabrata Banerjee was suspended by Trinamool Congress after he and fellow legislator Sandipan Saha flagged alleged signature mismatches in a resolution submitted to the Speaker's office nominating a rival set of opposition office-bearers. The party acted swiftly, but Banerjee subsequently led a breakaway bloc of 60 legislators.
How many TMC legislators support Ritabrata Banerjee's bloc?
According to Banerjee's own claim, 60 legislators initially backed his bloc, a number he said had risen to 65 by 1 June. The remaining 20 TMC legislators continue to support the faction loyal to Mamata Banerjee and Abhishek Banerjee.
What is the CID probe about in the TMC split case?
The Criminal Investigation Department is probing alleged mismatches in the signatures of certain TMC legislators on a resolution submitted to the Speaker's office. That resolution had nominated Sovandeb Chattopadhyay as LoP and others to key opposition posts.
What are the implications of the Calcutta HC judgment?
The court's ruling will determine whether an expelled legislator can be recognised as Leader of the Opposition without the parent party's consent. It could set a precedent on the limits of Speaker's discretion and the application of anti-defection law to intra-party revolts.
