Calcutta High Court on Thursday asked whether the Speaker of the Bengal Assembly could recognise any MLA as the leader of the Opposition without the prior consent of the political party.

Justice Krishna Rao raised the question while hearing a plea filed by Trinamool Congress’s Ballygunge MLA, Sobhandeb Chattopadhyay, who challenged Speaker Rathindra Bose’s decision to appoint Ritabrata Banerjee as the leader of the Opposition.

Senior advocate and Trinamool MP Kalyan Banerjee, appearing for Chattopadhyay, sought a stay on the Speaker’s decision. Banerjee argued that despite Ritabrata having been expelled from the party and Trinamool officially nominating Chattopadhyay as the leader of the Opposition, the Speaker appointed the rebel MLA to the post.

He contended that such a decision was beyond the Speaker’s authority.

During the hearing, Banerjee further argued that the age-old convention for
selecting the leader of the Opposition had not been followed, as the Speaker proceeded to accept the representation of 59 MLAs supporting the selection of Ritabrata for the post.

“On the day the Speaker was formally elected, Chattopadhyay accompanied the chief minister to welcome him as the leader of the Opposition. Then how could the Speaker later endorse another rebel MLA for the post when the party had already nominated Chattopadhyay?” asked Banerjee.

Additional advocate general Billwadal Bhattacharya sought more time from the court after it asked the Speaker to clarify his position through an affidavit.

The next hearing will be on June 16.