High Court’s approval on the dispute regarding Leader of Opposition in the Assembly, important decision in favor of Ritabrata Banerjee

High Court's approval on the dispute regarding Leader of Opposition in the Assembly, important decision in favor of Ritabrata Banerjee

The Calcutta High Court has refused to pass any interim order on the appointment of the Leader of Opposition in the West Bengal Assembly. As per the instructions of the High Court, the Speaker’s decision will remain in force. Trinamool Congress (TMC) leader Shobhandev Chattopadhyay had challenged rebel TMC MLA Ritabrata Banerjee to be made the leader of the opposition.

Two names were proposed by TMC for the post of Leader of Opposition. Shobhandev Chattopadhyay’s name was proposed by a faction associated with the TMC leadership, while a faction of rebel party MLAs proposed the name of Ritabrata Banerjee; Speaker of the West Bengal Assembly Rathendra Basu accepted the latter’s name and appointed him leader of the opposition.

Hearing the petition of Shobhandev Chattopadhyay on Thursday (June 18, 2026), the Calcutta High Court said that it is not passing any interim order on the Speaker’s decision. Justice Krishna Rao directed all parties to file their opposing affidavits and submit their replies within two weeks. The next hearing has been fixed for July 28. Commenting on the Calcutta High Court order, TMC MP and senior lawyer Kalyan Banerjee said the court has not passed any interim order, but has accepted the petition, and now the final hearing will be held in the case.

During the hearing on Tuesday, Justice Krishna Rao asked about the Speaker’s duty when two different names are proposed by the same political party, whether the Speaker can take a decision *on his own* (on his own motion), or was it mandatory to give both the factions a chance to present their views? In response, lawyer Bilwadal Bhattacharya, representing the Speaker, argued that under the West Bengal Legislative Assembly (Allowances) Act, 1937, the Leader of the Opposition is the member who is recognized as the Leader of the Opposition with the largest numerical strength in the House.

He further said that in the event of a dispute regarding the numerical strength of the party or its leadership, the decision of the Speaker will be final and conclusive. Meanwhile, the issue of forged signatures by MLAs – which is directly linked to the appointment of the leader of the opposition – is also in the news. It is alleged that the signatures of the MLAs on the proposal by TMC MP and party General Secretary Abhishek Banerjee to appoint Sovandev Chattopadhyay to the post of Leader of the Opposition are fake.

Ritabrata Banerjee and Sandipan Saha were the first to raise questions on this matter and lodged a complaint, due to which the matter escalated further. Following the complaint by the MLAs, the Assembly Secretary lodged an FIR, following which the West Bengal Criminal Investigation Department (CID) started a formal investigation. Statements of the MLAs whose names are on the disputed documents are being recorded and samples of their signatures are also being taken.

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