The Calcutta High Court has dismissed a petition filed by Trinamool Congress MLA Kunal Ghosh seeking directions to the West Bengal Assembly Speaker to allow him to participate in debates and raise objections on Bills introduced in the House.

Justice Krishna Rao held that the Court cannot issue a direction to the Speaker or the Assembly's Chief Whip regarding allocation of speaking opportunities, observing that Ghosh's grievance has to be raised before the legislature itself.

The Court also relied upon Article 212 of the Constitution, which bars courts from questioning the proceedings of a State Legislature on the ground of an alleged irregularity of procedure.

Ghosh, MLA from Beleghata, had claimed that despite several important Bills being taken up, including the Bengal Public Safety and Control of Antisocial Activities Bill, 2026, the Finance Bill and the Municipal Affairs budget, he was not being given an opportunity to speak or raise objections.

He had therefore sought a direction to the Speaker to permit him to participate in such debates.

Senior counsel Joydeep Kar for the Opposition Whip opposed the plea, arguing that the petition was not maintainable in view of Article 212. He submitted that Ghosh had, in fact, been allowed to speak on two occasions, on the Governor's address on June 23 and on the Budget on June 24.

It was further argued that Ghosh was not being singled out and that the Speaker has to regulate speaking opportunities among all 294 MLAs.

AAG Billwadal Bhattacharya for the speaker, submitted that the dispute essentially concerned the functioning of the legislature party and one of its members, and that no procedural impropriety had been demonstrated.

Ghosh's counsel Biswarup Bhattacharya argued that while other members of the TMC faction were being permitted to participate in debates, Ghosh was allegedly being denied an opportunity to speak on Bills.

Rejecting the plea, the Court held that Ghosh could pursue his grievance before the Assembly and that the petition was not maintainable in view of the constitutional bar under Article 212.

Case No: WPO/361/2026

Case: KUNAL KUMAR GHOSH VS STATE OF WEST BENGAL AND ORS.