Calcutta High Court Examines Procedure in Assembly Opposition Leader Dispute
Hearing a petition filed by TMC MLA Sobhandeb Chattopadhyay challenging the rejection of his name and the appointment of another party MLA, Ritabrata Banerjee, Justice Krishna Rao said the Speaker is required to act after receiving a resolution from the largest Opposition party, but must also address disputes arising from such proposals in accordance with law.
The judge asked what the Speaker's duty would be if two different proposals are received from the same political party and whether he can take a decision "suo motu" or must give both sides an opportunity to be heard.
Speaker's counsel Billwadal Bhattacharya submitted that under the West Bengal Legislative Assembly Emoluments Act, 1937, the Leader of Opposition is the member recognised as the leader of the party with the greatest numerical strength in the House.
Bhattacharya further argued that in case of any dispute regarding the party's numerical strength or its leader, the Speaker's decision is "final and conclusive".
He also said this was the first time in the history of the West Bengal Assembly that the LoP appointment had become contentious.
The hearing will continue on Wednesday, the court said.
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