'Hits Constitution's basic structure': TMC attacks Speaker's recognition of Ritabrata as LoP

The Trinamool Congress (TMC) on Thursday told the Calcutta High Court that West Bengal assembly speaker Biman Banerjee's decision to recognise MLA Ritabrata Banerjee as the leader of the opposition (LoP) "hits the basic structure of the Constitution".

The submission was made before Justice Krishna Rao during a hearing on petitions filed by TMC chairperson Mamata Banerjee and party nominee Sobhandeb Chattopadhyay, who have challenged the Speaker's decision to appoint Ritabrata Banerjee as the LoP in the assembly.



Appearing for Chattopadhyay, senior advocate Kalyan Banerjee submitted that the Mamata Banerjee-led TMC had formally informed the Speaker of its decision to appoint Chattopadhyay as the LoP, PTI reported.

According to Banerjee, it is the political party, and not the legislative party, that has the authority to nominate the Leader of the Opposition. He submitted that the Speaker was bound to accept the choice made by the political party.

"The Speaker's action hits the basic structure of the Constitution," Kalyan Banerjee argued in the court.

The dispute centres on the Speaker's recognition of Ritabrata Banerjee, who has claimed the support of 57 other TMC MLAs and is leading a breakaway faction within the party. The petitioners have challenged the decision to recognise him as the LoP in the assembly.

Mamata Banerjee and Chattopadhyay have further questioned the Speaker's decision to recognise Sandipan Saha, another leader of the breakaway faction, as the Chief Whip.

Seeking interim relief, Kalyan Banerjee also told the court that the Assembly is scheduled to convene on June 18 and urged the court to stay the Speaker's decision pending adjudication of the matter.

Counsel appearing for the Speaker, Billwadal Bhattacharya, sought time to file an affidavit responding to the issues raised in the petitions, according to PTI.

After hearing the parties, Justice Rao did not pass any interim order on Thursday. The court fixed June 16 as the next date of hearing in the matter.

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