Court Dismisses Interim Injunction Request Against Appointment of New Leader of Opposition Amidst Allegations of Forgery
In a significant ruling, the Calcutta High Court has upheld the decision of the Speaker of the West Bengal Legislative Assembly to appoint the respondent as the Leader of Opposition, amidst allegations of forgery and internal party disputes. Justice Krishna Rao, presiding over the matter, rejected the petitioner's request for an interim injunction against the functioning of the newly appointed Leader of Opposition and the Chief Whip of the All India Trinamool Congress (AITC) in the 18th West Bengal Legislative Assembly.
The petitioner, Sobhandeb Chattopadhyay, contested his removal as the Leader of Opposition after being nominated by a faction of the AITC. The crux of the dispute centered around the authenticity of the resolution signed on May 6, 2026, which was allegedly forged. The Speaker had initially recognized this resolution but, upon receiving complaints, ordered an investigation that led to the recognition of the respondent, supported by 58 AITC MLAs, as the Leader of Opposition.
Justice Rao emphasized the Speaker's discretion under The Bengal Legislative Assembly (Members' Emoluments) Act, 1937, stating that the Speaker's decision, based on the numerical strength of the opposition, is final and conclusive. The court also noted that the High Court's supervisory jurisdiction under Article 226 of the Indian Constitution does not permit it to act as an appellate authority over the Speaker's decisions but only to ensure procedural compliance and adherence to natural justice.
The judgment also highlighted the ongoing investigation into the alleged forgery of signatures, which does not invalidate the Speaker's decision, as it was made in accordance with the majority support of the legislature party members. The court found no prima facie case for granting an interim order, thus allowing the current Leader of Opposition to continue in their role.
The court has directed the respondents to file affidavits in opposition within three weeks, with a subsequent listing of the matter on July 28, 2026, for further proceedings.
Bottom Line:
Leader of Opposition - Appointment by Speaker under The Bengal Legislative Assembly (Members' Emoluments) Act, 1937 - Dispute over resolution and expulsion of members - Speaker's decision on numerical strength of opposition party members upheld.
Statutory provision(s): The Bengal Legislative Assembly (Members' Emoluments) Act, 1937, Constitution of India Article 226, Bharatiya Nyaya Sanhita, 2023 Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2), Tenth Schedule of Constitution of India
