The Calcutta High Court refused to stay the West Bengal Assembly Speaker's decision recognising rebel TMC MLA Ritabrata Banerjee as the Leader of Opposition.
The court sought affidavits from all parties to examine whether the Speaker acted within his powers and fixed the next hearing for July 28.
The dispute stems from allegations that signatures supporting TMC's official nominee, Sobhandeb Chattopadhyay, were forged.
Calcutta High Court Refuses To Stay Ritabrata Banerjee's Recognition As Bengal LoP
While refusing interim relief, the High Court directed all parties to file affidavits to examine the broader legal question of whether the Speaker acted within the scope of his constitutional powers
Summary
The Calcutta High Court on Thursday refused to stay the decision of West Bengal Assembly Speaker Rathindra Bose recognising rebel Trinamool Congress MLA Ritabrata Banerjee as the Leader of Opposition instead of the party's official nominee, Sobhandeb Chattopadhyay.
Justice Krishna Rao, hearing Chattopadhyay's petition, held that no case had been made for interim relief.
"No prayer for interim relief is made out, the balance of convenience is not in favour of the petitioner," the court observed.
The judge also said that no prima facie case had been established to justify staying the Speaker's decision.
Court Seeks Affidavits
While refusing interim relief, the High Court directed all parties to file affidavits to examine the broader legal question of whether the Speaker acted within the scope of his constitutional powers while recognising Ritabrata Banerjee as the Leader of Opposition.
The respondents have been given three weeks to file their affidavits, and the matter has been listed for further hearing on July 28.
The order came on the opening day of the West Bengal Assembly's Budget Session, which began with Governor R. N. Ravi addressing the House.
Following the order, MLAs supporting Ritabrata Banerjee described the decision as a "moral victory."
Row Over LoP Appointment
The controversy erupted after the Trinamool Congress, which won 80 seats in the 294-member Assembly, nominated Sobhandeb Chattopadhyay as the Leader of Opposition through a letter signed by party national general secretary Abhishek Banerjee.
However, a group of MLAs led by Ritabrata Banerjee alleged that their signatures on the letter had been forged.
After formally raising the issue, Ritabrata Banerjee and MLA Sandipan Saha were expelled from the party. Subsequently, on June 3, the Speaker recognised Ritabrata Banerjee as the Leader of Opposition after he claimed the support of 58 MLAs.
Ritabrata Banerjee now claims the backing of 65 of the party's 80 legislators.
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The alleged signature forgery is being investigated by the Criminal Investigation Department.
As part of the probe, Abhishek Banerjee has already been questioned by investigators over the allegations surrounding the disputed signatures.
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