Calcutta HC to hear TMC challenge on expelled MLA being appointed LoP

Kolkata: Calcutta High Court on Thursday asked the Bengal assembly speaker if an expelled MLA can be appointed leader of the opposition.The HC — hearing a Trinamool Congress challenge to speaker Rathindra Bose's order appointing Ritabrata Banerjee as LoP — directed the former to file an affidavit along with the order of appointment.The petition by TMC MLA Sobhandeb Chattopadhyay, seeking a stay on Ritabrata's appointment, will be heard by Justice Krishna Rao on June 16.Senior advocate Kalyan Banerjee, representing Chattopadhyay, argued that it is a political party that appoints the LoP, not its legislative unit. He asked whether the speaker's decision to appoint Ritabrata, despite there being a resolution by the "political party" to appoint Ballygunge MLA Chattopadhyay, was lawful or not.Kalyan said although "Ritabrata has been holding pressers and 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 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."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.