Calcutta High Court Reserves Order on Leader of Opposition Row, Questions Speaker’s Handling
Hearing a petition moved by senior TMC leader Sobhandeb Chattopadhyay, Justice Krishna Rao repeatedly sought to know why an earlier proposal backed by the original political party leadership remained undecided while a rival claim from dissident legislators was processed and accepted shortly thereafter.
The court indicated that the controversy extended beyond allegations surrounding the authenticity of documents submitted by the TMC leadership.
The primary concern, it observed, was whether the Speaker could proceed with one claim while leaving another pending without first hearing all stakeholders.
The bench also examined whether the Speaker could determine which faction enjoyed majority backing before resolving the dispute over rival representations placed before him.
Defending the decision, the state submitted that the Speaker was confronted with an unusual constitutional situation involving competing contenders for the Opposition leader’s post.
Since no statute prescribes a specific procedure for such an appointment, the Speaker relied on the support demonstrated within the legislature party, it was argued.
According to the state, 58 of the 80 Opposition legislators had endorsed Banerjee and appeared before the Speaker, making legislative strength the decisive factor.
Counsel for the rebel camp contended that the office of Leader of Opposition is intrinsically linked to the functioning of the House and must reflect the will of the majority of opposition legislators.
The petitioners, however, maintained that the Speaker erred by giving precedence to the legislature party over the political party.
Their counsel argued that the authority to decide who represents the party in the Assembly rests with the organisation’s leadership and not with a group of legislators acting independently.
The petitioners also questioned Banerjee’s recognition despite communications regarding his expulsion from the party.
Orders are expected on Thursday before the Assembly resumes proceedings.
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