Kolkata:
Hearing the petition filed by Chattopadhyay, Justice Krishna Rao held that no case had been made out for interim relief, observing that “no prayer for interim relief is made out” and that “the balance of convenience is not in favour of the petitioner”. The judge also held that no prima facie case existed to justify staying the Speaker’s order.
While declining urgent relief, the court directed all parties to file affidavits to examine whether the Speaker had acted within the scope of his constitutional powers in recognising Banerjee as LoP. The respondents have been given three weeks to file their replies, and the matter has been listed for further hearing on July 28.
During the hearing, the court repeatedly questioned the Speaker’s decision-making process, particularly why the TMC leadership’s proposal nominating Chattopadhyay had been kept pending while a subsequent representation by rebel legislators was accepted within days.
Justice Rao clarified that the central issue was not the veracity of the forgery allegations, but whether the Speaker could disregard one proposal while acting on another.
Senior advocate and TMC MP Kalyan Banerjee, who appeared for Chattopadhyay, told reporters that the High Court had not passed any interim order but had admitted the petition, adding that “directions have been issued, and the matter will come up for final hearing”.
Defending the Speaker’s order, the Additional Advocate-General argued that he had been confronted with an unprecedented situation involving rival claims to the LoP post, and that 58 of the 80 TMC legislators backing Banerjee had personally appeared before him.
The State further contended that no statutory procedure governs the appointment of an LoP, and that disputed facts, such as the alleged forged signatures, could not be conclusively decided at the interim stage.
The dispute stems from allegations that signatures backing Chattopadhyay’s nomination were forged, a matter now being investigated by the Criminal Investigation Department, which has already questioned TMC general secretary Abhishek Banerjee. Ritabrata Banerjee has since claimed the support of 64 MLAs and demanded a floor test to settle the question of numbers.
Until the next hearing, the Speaker’s recognition of Banerjee as Leader of Opposition will continue to remain in force.
