Kolkata: The Calcutta High Court on Thursday asked the West Bengal assembly speaker whether an expelled MLA can be appointed as the Leader of the Opposition (LoP). The High Court, while hearing a petition filed by the Trinamool Congress (TMC) challenging Speaker Rathindra Bose's order appointing Ritabrata Banerjee as the LoP, directed the speaker to file an affidavit along with the appointment order.
Petition by TMC MLA
The petition, filed by TMC MLA Sobhandeb Chattopadhyay, seeks a stay on Ritabrata Banerjee's appointment. The matter will be heard by Justice Krishna Rao on June 16. Senior advocate Kalyan Banerjee, representing Chattopadhyay, argued that it is the political party that appoints the LoP, not its legislative unit. He questioned whether the speaker's decision to appoint Ritabrata Banerjee, despite a resolution by the "political party" to appoint Ballygunge MLA Chattopadhyay, was lawful.
Arguments in Court
Kalyan Banerjee stated that although "Ritabrata has been holding press conferences and has been allocated the LoP room," no order from the speaker regarding the appointment has been uploaded on the assembly website or any other public domain. Additional Advocate General Billwadal Bhattacharya, appearing for Speaker Bose and the West Bengal Legislative Assembly secretary, opposed the prayer, contending that a member may obtain the order by making an application. Regarding Kalyan's claim that there is a rebel MLA group, the AAG submitted: "There is no rebel faction."
Next Hearing
On June 16, Justice Rao will also hear senior advocate Menaka Guruswamy, representing TMC chairperson Mamata Banerjee, and the AAG, who had initially sought an adjournment on Thursday.
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