The Calcutta High Court on Tuesday questioned the procedure followed in recognising the Leader of the Opposition, while as MLAs loyal to the party leadership were left out of an all-party meeting convened ahead of the Budget Session.
Hearing a petition filed by senior TMC MLA Sobhandeb Chattopadhyay challenging the rejection of his claim and the appointment of rival legislator Ritabrata Banerjee as LoP, Justice Krishna Rao asked how the Assembly Speaker should proceed when faced with two competing proposals from the same political party.
The judge observed that while the Speaker is expected to act on a resolution submitted by the largest opposition party, disputes arising from rival claims must be addressed in accordance with law. He questioned whether the Speaker could take a decision on his own or was required to hear all sides before recognising an LoP.
Speaker's counsel Billwadal Bhattacharya submitted that under the Bengal Legislative Assembly Emoluments Act, 1937, the Leader of the Opposition is the member recognised as the leader of the party with the greatest numerical strength in the House. In the event of a dispute regarding either the party's strength or leadership, the Speaker's decision is "final and conclusive", he argued.
He also said this was the first time in the history of the Bengal Assembly that the LoP appointment had become contentious.
The court was informed that two MLAs — Ritabrata Banerjee and Sandipan Saha — had complained that signatures appearing on a resolution backing Chattopadhyay were not theirs. The Speaker's office subsequently referred the matter to the CID for investigation.
Justice Rao noted that the complaint was made on May 27, after the TMC had already sent a resolution proposing Chattopadhyay's name. He also asked who had formally proposed Banerjee's name, observing that there must be a political party or recognised group behind such a recommendation.
The hearing will continue on Wednesday.
The court proceedings coincided with another sign of the deepening divide within the opposition party. Ahead of the Budget Session beginning June 18, veteran MLA Chattopadhyay and Beliaghata MLA Kunal Ghosh were not invited to an all-party meeting convened by the Assembly.
Instead, invitations were extended to the camp led by Ritabrata Banerjee, who was recently recognised by Speaker Rathindranath Basu as Leader of the Opposition after securing the backing of a majority of rebel TMC legislators.
Political observers said the move suggested that the Assembly establishment had begun according recognition to the new balance of power within the opposition benches.
The crisis erupted after 58 of the TMC's 80 MLAs defied the party leadership and backed Banerjee's claim to the LoP post, rejecting the high command's choice of Chattopadhyay. The rebel camp's strength has since reportedly risen to 65 MLAs, further consolidating Ritabrata Banerjee's position inside the House.
The all-party meeting was attended by representatives of several opposition formations, including ISF MLA Naushad Siddiqui, Am Janata Unnayan Party MLA Humayun Kabir and CPI(M) MLA Mustafizur Rahaman.
With the Budget Session just two days away, attention will now turn to whether the shifting loyalties within the TMC translate into a formal realignment on the Assembly floor, potentially redrawing the contours of the state's opposition politics.