Kolkata, Jun 11 Challenging West Bengal Assembly Speaker's decision to appoint MLA Ritabrata Banerjee as the leader of opposition in the House, TMC nominee Sobhandeb Chattopadhyay told the Calcutta High Court on Thursday that the move hits the basic structure of the Constitution.
Appearing for Chattopadhyay, senior advocate Kalyan Banerjee submitted before Justice Krishna Rao that the Mamata Banerjee-led TMC had informed the Speaker of the party's decision to appoint Chattopadhyay as the LoP.
He argued that it is the political party, and not the legislative party, that is the competent authority to take such a decision and that the Speaker is bound to accept the political party's choice.
"The Speaker's action hits the basic structure of the Constitution," Banerjee submitted before the court.
Chattopadhyay and TMC chairperson Mamata Banerjee have challenged the Speaker's decision to appoint Ritabrata Banerjee, who claims the support of 57 other TMC MLAs, as the leader of a breakaway group and to recognise him as the LoP in the Assembly.
The petitioners have also challenged the Speaker's decision to recognise Sandipan Saha, another leader of the breakaway faction, as the Chief Whip.
Seeking an interim stay on the Speaker's decision, Kalyan Banerjee submitted that the Assembly is scheduled to convene on June 18.
Counsel for the Speaker, Billwadal Bhattacharya, sought time to file an affidavit responding to the issues raised in the petition.
Justice Rao did not pass any interim order and fixed June 16 for the next hearing in the matter.
