Ritabrata Banerjee’s appointment as LoP ‘provisional decision’, to remain in post for 2 months: HC

A division bench of the Calcutta High Court on Tuesday held rebel TMC MLA Ritabrata Banerjee's appointment as Leader of Opposition as a "provisional decision" of the Speaker, directing that he will continue as LoP for two months or until further orders from a single bench hearing a challenge to his appointment.

The division bench, presided by Justice Shampa Sarkar, said that both the rival groups of the Trinamool Congress ought to have been heard by the Speaker of the West Bengal Assembly before arriving at any decision on the appointment of Leader of the Opposition.

It directed that the issues involved in the petition by TMC's Mamata Banerjee faction MLA Sobhandeb Chattopadhyay will be decided by the single-bench judge.

The division bench, also comprising Justice Ajay Kumar Gupta, directed that in order to prevent any disruption or disorderliness in the House, it was not passing any order of injunction on the decision of the Speaker.

The court stated it was making the Speaker's decision of June 3 appointing Banerjee as the LoP "a provisional decision".

The division bench directed that the appointment of Ritabrata Banerjee as Leader of Opposition and Akhruzzaman as chief whip of TMC "must be treated as provisional."

"The decision of the Speaker shall be operative for a period of two months, or until further orders by the writ Court, whichever is earlier," the court said.

The division bench said that the allegations against the Speaker cannot be adjudicated in this case without the factual aspects being brought on record.

"The decision of the Speaker is subject to judicial review; in the event, the illegality in the procedure goes to the very root of the matter and is derogatory to the democratic principles," the division bench said.

"A political party, as an organisation, has an identity and existence beyond the individual members who were elected on its ticket. The party’s will, discipline and decisions cannot be ignored by the individual elected members," the court observed in its 27-page judgment.

The court said that elected members derive their mandate largely from the party’s symbol, programme and support under which they contest the election.

It noted that the Supreme Court recognised that political parties have an important role in a parliamentary democracy.

"Thus, the will of the party was a relevant consideration for the Speaker to recognise the Leader of Opposition and the Chief Whip, in view of the split amongst the members of the legislature party," the bench observed.

The division bench directed that the petitioners and the respondents will file their respective affidavits stating their position in the matter as directed by the single bench.

The division bench directed that the single bench will hear the challenge to the decision of the Assembly Speaker by Sobhandeb Chattopadhyay, an MLA belonging to the Mamata Banerjee-led TMC faction.

A single bench of the high court had on June 18 refused any interim order regarding Speaker Rathindra Bose's decision to appoint breakaway TMC group MLA Ritabrata Banerjee as the Leader of Opposition.

Chattopadhyay appealed to the division bench against the single bench's refusal of his prayer for an interim order in his challenge against the rejection of his name and the appointment of Ritabrata Banerjee as LoP.

The division bench observed that there are relevant questions for determination -- whether the Speaker was acting in consonance with the constitutional morality of being impartial, whether he was allowing time to the rival group to muster support from majority MLAs, or whether disregarding the decision of 70 members proposing the name of Chattopadhyay, which was communicated by the party's national general secretary Abhishek Banerjee, was permissible.

The court said that whether the delay allowed the rival group to gather numerical strength is a matter which requires further probe upon exchange of affidavits.

The bench said that the Speaker held the resolution proposing Chattopadhyay's name was doubtful without making further inquiry after two of the 70 MLAs objected, claiming their signatures were forged.

Noting that the Speaker held that the decision of expulsion of Ritabrata Banerjee was illegal and not in consonance with the rules or constitution of the Trinamool Congress party, the bench said, "The Speaker did not have the power under the law to adjudicate such issue."

The bench said that the Speaker brushed aside the aspect that Ritabrata Banerjee was expelled by the TMC and recognised him as the Leader of the Opposition, without calling a hearing of the two factions.

The division bench noted that the decision of expulsion of the Uluberia Purba constituency MLA was later stayed by the civil court.

Lastly, on June three, 58 signatories wrote a letter to the Speaker, and he immediately accepted a proposal by the 58 on the numerical strength of those persons, although the TMC general secretary submitted copies of the minutes, resolution and signatures of 70 MLAs, the court said.

The TMC won 80 seats in the 294-seat West Bengal assembly elections held in April.

The bench said the Speaker could have enquired into the matter by calling both the groups and then passed an order upon hearing both the parties and considering the party’s will and its constitution.

"The decision of the political party (TMC) was required to be given precedence," the court observed.

"Under such circumstances, at best, the Speaker could have taken a provisional decision to maintain orderliness in the House, subject to further enquiry and not a final decision," the division bench observed.