The Calcutta High Court on Thursday (June 18) refused to grant interim relief to the Mamata Banerjee-led Trinamool Congress (TMC), which had challenged the appointment of rebel legislator Ritabrata Bandopadhyay as the Leader of the Opposition.
The court's decision clears the decks for Bandopadhyay to retain the high-profile post just as the assembly’s budget session gets underway.
This decision by the court is being viewed as a political setback for Mamata, whose Trinamool Congress (TMC) has been grappling with its most serious internal split since its formation nearly three decades ago.
Court refuses to intervene
For now, Justice Krishna Rao refused to interfere, with Assembly Speaker Rathindra Bose's decision to recognise Bandopadhyay as the leader of the Opposition bloc in the house.
The court directed all parties to file affidavits and fixed July 28 for the next hearing.
The ruling came on the opening day of the West Bengal assembly's budget session, in which the Opposition leader plays a key role in legislative proceedings and debates.
The state budget is scheduled to be presented on June 22.
TMC split
The dispute stems from an unprecedented split within the TMC after the party's defeat in the 2026 assembly election.
A bloc of dissident legislators led by Bandopadhyay and fellow rebel Sandipan Saha broke away from the Mamata Banerjee-led leadership and claimed the support of a majority of the party's lawmakers in the assembly.
Speaker Bose subsequently recognised Bandopadhyay as LoP after 58 TMC legislators personally conveyed their support to him, according to submissions made before the court.
Tussle over LoP
Mamata's loyalists had nominated veteran legislator Shovandeb Chattopadhyay for the post and challenged the speaker's decision in the court, arguing that the choice of Opposition leader rests with the political party rather than with a majority faction of its legislative wing.
During hearings earlier this week, the high court raised several questions about the speaker's handling of competing claims from rival TMC factions, including why one communication from the party leadership was not acted upon while another was accepted.
The court also examined arguments relating to Bandopadhyay's expulsion from the party and allegations of forged signatures in documents submitted to the speaker's office.
Lawyers representing the Speaker and the rebel faction argued that recognition of the LoP is based on numerical strength within the assembly and that a majority of TMC legislators had backed Bandopadhyay.
They also contended that the dispute concerned legislative leadership rather than disqualification under anti-defection provisions.
Balance of power shift
The split has transformed the balance of power within the Bengal's principal Opposition party.
While the TMC won 80 seats in the assembly election, a majority of its legislators have sided with the dissident camp, according to claims made by the rebels and records submitted before the speaker.
Signs of the growing divide were visible even before the budget session began. At an all-party meeting ahead of the session, invitations were extended to legislators aligned with Bandopadhyay's faction, while leaders loyal to Mamata Banerjee, including Chattopadhyay, were left out.
Unresolved question
Bandopadhyay has maintained that his faction represents the "real" TMC legislative party and has challenged his rivals to prove their strength through a floor test.
For Mamata's camp, Thursday's order means that the rebel leader will continue to occupy the Opposition benches during one of the most politically important sessions of the year, at least until the court takes up the matter again next month.
The final legal question on whether the speaker can recognise a legislative faction's choice for LoP when it differs from the nominee of the parent political party remains unresolved as of now.
Meanwhile, one of the rebel MLAs Sandipan Saha termed the legal development as a “moral victory” for the Ritabrata camp.
