Calcutta HC Refuses Stay on Rebel MLA's Appointment as Bengal Opposition Leader

The Calcutta High Court has refused to grant an interim stay on the West Bengal Assembly Speaker's decision to recognize expelled Trinamool Congress (TMC) MLA Ritabrata Banerjee as the Leader of the Opposition (LoP). This decision, made on June 18, 2026, allows Banerjee to continue in the role for the time being, marking a significant development in the internal political turmoil within the TMC. The legal challenge was initiated by TMC leader Sobhandeb Chattopadhyay, who argued that the Speaker had overlooked the party leadership's nomination of him as the LoP. According to the petition, the TMC legislature party had nominated Chattopadhyay on May 6, and this decision was communicated to the Speaker. However, after a subsequent meeting on May 19, the Speaker ultimately recognized Ritabrata Banerjee as the LoP, based on the support claimed by a group of rebel TMC MLAs. During the court proceedings, the High Court questioned the Speaker's rationale for not acting on the party leadership's proposal while accepting a representation from the rebel legislators. The court's central concern was whether the Speaker could disregard one proposal and accept another without hearing all involved parties. The Speaker's counsel defended the decision, asserting that the Speaker's duty was to determine which claimant commanded the support of the majority of the legislators belonging to the Opposition party. It was stated that 58 out of the party's 80 MLAs supported Ritabrata Banerjee and had personally appeared before the Speaker, and the decision was based on this numerical strength within the legislative party. Justice Krishna Rao, presiding over the case, stated that the court did not find a prima facie case for granting interim relief and therefore declined to stay the Speaker's decision pending further proceedings. The court directed all parties involved to file affidavits detailing their stands, with the matter scheduled for further hearing on July 28. Ritabrata Banerjee, who was expelled from the TMC along with Sandipan Saha over alleged anti-party activities, had claimed the support of 58 MLAs. This move has been seen as a significant blow to Mamata Banerjee and her faction within the party. The split within the TMC has been a major political development following the recent Assembly elections, where the party faced internal dissension. The larger question before the court is whether the Speaker acted within his constitutional powers by recognizing a rebel MLA as the LoP without the explicit consent of the political party's leadership. The court has sought affidavits from all parties to thoroughly examine this aspect. This legal battle is part of a broader internal crisis within the TMC, highlighting factional tensions and competing claims for legislative leadership in West Bengal. The refusal of an interim stay means that Ritabrata Banerjee will continue as the Leader of the Opposition, attending the Assembly's budget session, until the court makes a final decision on the matter. **Timeline of Events:** * **June 3, 2026:** Ritabrata Banerjee claims support of 58 MLAs and is recognized as the Leader of the Opposition by the Speaker. * **June 11, 2026:** Calcutta High Court questions the Speaker's decision to recognize an expelled MLA without party consent. * **June 17, 2026:** Live Law reports the Calcutta High Court declining interim relief. * **June 18, 2026:** Calcutta High Court refuses to grant an interim stay on the Speaker's decision. * **July 17, 2026:** Calcutta High Court reserves its order on a plea seeking an interim stay. * **July 15, 2026:** Calcutta High Court continues hearing an appeal challenging the single bench's refusal to grant interim relief. **Background of Ritabrata Banerjee:** Ritabrata Banerjee has a complex political past. He was a two-term Rajya Sabha MP for the Communist Party of India (Marxist) and later joined the Trinamool Congress. He was expelled from the CPI(M) in 2017 amid allegations of sexual exploitation and internal party conflicts. He joined the TMC in 2020 and was appointed as the West Bengal State President of the Indian National Trinamool Trade Union Congress. In 2024, he became a Rajya Sabha MP for the TMC. In 2026, he was elected as a Member of the West Bengal Legislative Assembly from Uluberia Purba. His expulsion from the TMC followed a controversy surrounding signatures submitted for the appointment of the opposition leadership, leading to a split within the party. The case highlights the intricacies of legislative party recognition and the role of the Speaker in such matters, particularly in the context of internal party disputes and defections. The court's final verdict will have significant implications for the political landscape of West Bengal.

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