What is the problem if someone else is LoP: Calcutta High Court on Sovandeb plea

3 min readKolkataJun 24, 2026 06:29 AM IST

The Calcutta High Court on Tuesday questioned the practical implications of the dispute as it started hearing a petition filed by TMC MLA Sovandeb Chattopadhyay challenging the Assembly Speaker’s decision to recognise Ritobrata Banerjee as the Leader of Opposition (LoP).

A division bench comprising Justice Shampa Sarkar and Justice Ajoy Kumar Gupta asked, “What is the problem if someone else is made the LoP?”

Senior Advocate Kalyan Banerjee, appearing for Sovandeb, said, “These 80 MLAs won on the TMC symbol, under the leadership of the TMC and its organisation.”

The bench then sought to know whether any TMC MLA had protested against the selection of the LoP between May 9 and May 20, to which Banerjee said, “not until May 27”.

He further argued that the controversy arose because unlike previous occasions when the Protem Speaker recognised the LoP, the Speaker for the first time called for a formal resolution from the party regarding the nomination.

“The Protem Speaker was initially supposed to recognise the LOP. This is the first time a Speaker has called for the resolution regarding nominating an LOP from the party. Everybody on May 19 signed the resolution giving the date of May 6. On May 6, an informal decision was taken by the Chairperson of the party,” Banerjee said.

The bench questioned the role of the LoP, asking, “Apart from receiving a salary, what is the function of LoP?”

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Banerjee said that the LoP serves as the link between the party and the House.

“The LOP acts as a bridge between the party and the House. The view of the party is communicated by the LoP. We got 41% of the votes. The LoP represents the voice of those 41%. Their grievances need to be put forward in the House,” Banerjee said.

The HC observed that recognition as LoP did not automatically make a person the leader of the party organisation.

The Division Bench further observed , “These 58 persons who now form a breakaway faction, have decided they are a majority. Now they recognise a different person as a LOP. This recognition doesn’t amount that the person is the leader of TMC. He is only a leader inside the House. It doesn’t make them Leader of the organisation. Today if these people are not fighting for the Opposition vote of Bengal, can your client not voice those concerns in the House, irrespective of the LoP’s views? Will the Speaker not allow him to submit?”

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According to Banerjee, time is allotted to the Opposition in the Assembly and that is decided by the LoP.

The matter has been scheduled for Wednesday.

The HC last week refused to issue an interim order on the West Bengal Assembly Speaker Rathindra Bose’s decision to appoint breakaway TMC group MLA Ritabrata Banerjee as the Leader of Opposition.

TMC MLA Sobhandeb Chattopadhyay moved the court challenging the rejection of his name and the appointment of Ritabrata Banerjee as the LoP by the Speaker of the assembly.

Justice Krishna Rao, refusing any interim order on the Speaker’s decision as prayed for by Chattopadhyay, directed that the matter would appear for hearing again on July.

Tanusree Bose is a dedicated journalist reporting for The Indian Express from Kolkata. Her work focuses sharply on the complex administrative, political, and judicial developments across West Bengal, establishing her as an authoritative voice in regional news coverage.

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Current Role: Reports for the prestigious national daily, The Indian Express, providing her content with a high level of Trustworthiness.

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Tanusree Bose's consistent output and focus on high-stakes regional issues for a trusted media outlet underscore her status as a reliable and authoritative source for news from West Bengal. ... Read More

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