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The Supreme Court on Thursday disposed of a fresh petition filed by Trinamool Congress (TMC) MLA Sohandeb Chattopadhyay seeking expeditious adjudication of disqualification proceedings against 10 rebel party legislators, including West Bengal Leader of Opposition Ritabrata Banerjee, asking him to approach the Calcutta High Court.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi disposed of the petition, granting liberty to Chattopadhyay to file an appropriate plea before the High Court. It requested the Chief Justice of the Calcutta High Court to place the matter before a Division Bench for expeditious consideration and disposal.

“It seems to us that the appropriate recourse at this stage would be to approach the Calcutta High Court. We dispose of the petition at this stage with liberty to the petitioner to file an appropriate petition before the High Court. We request the Chief Justice of the High Court to place before a division who shall decide the matter expeditiously," the Court ordered.

The disqualification petitions were filed against 10 MLAs alleged to have defected after contesting the 2026 West Bengal Assembly elections on TMC tickets. They include Ritabrata Banerjee, Arup Roy, Firhad Hakim, Sandipan Saha, Akhruzzaman Ansari, Shiuli Saha, Sabina Yasmin, Biplab Mitra, Javed Khan and Rathin Ghosh.

The petition challenged the Speaker's October 8 orders issuing notices in the disqualification proceedings against the rebel MLAs. Chattopadhyay sought intervention over the failure to decide the disqualification petitions within the timeframe indicated by the Supreme Court.

During the hearing, counsel for the petitioner submitted that the disqualification petitions were been filed on July 8 and nearly five months have elapsed without a decision. She highlighted that the Supreme Court in its earlier order had requested the Speaker to decide the petitions by October 8.

However, the Court opined that the appropriate remedy at this stage was before the Calcutta High Court.

Background

The proceedings arise from a split in the TMC following the 2026 West Bengal Assembly elections, in which the Bharatiya Janata Party secured a majority. A breakaway group led by Ritabrata Banerjee has claimed the support of 58 MLAs and has asserted that it represents the real TMC.

The Speaker recognised Ritabrata Banerjee as the Leader of Opposition in the Assembly. Chattopadhyay, nominated by the Mamata Banerjee-led faction, challenged the decision before the Calcutta High Court. The High Court's Division Bench declined to grant interim relief against Banerjee's appointment, allowing him to continue as Leader of Opposition pending adjudication of the challenge.

On September 28, the Supreme Court disposed of an earlier petition by Chattopadhyay, urging the West Bengal Assembly Speaker to decide the disqualification petitions by October 8.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana noted that the petitions were filed on July 8 and the three-month period contemplated in the Court's judgment in Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly would expire on October 8.

In that judgment, the Supreme Court held that disqualification petitions under the Tenth Schedule should ordinarily be decided within as three months.

The Court had expressed confidence that the Speaker would make every endeavour to decide the pleas within that timeframe.

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