Kolkata, Aug 7 The Calcutta High Court on Friday dismissed a petition by TMC MLA Kunal Ghosh seeking an opportunity to participate in West Bengal Assembly debates, observing that he has to resolve the issue in the House itself.
Dismissing the petition of Ghosh, who belongs to the minority faction of the opposition Trinamool Congress, Justice Krishna Rao said this court cannot pass any order directing either the Speaker or the whip of the Assembly to give an opportunity of hearing to the petitioner.
The court observed that if the petitioner is aggrieved with giving an opportunity to speak, he has to resolve the issue in the Assembly itself.
Justice Rao observed that Article 212 of the Constitution bars this court from entertaining any such allegation, holding that the petition of Ghosh is as such not maintainable.
Justice Rao said that Ghosh can raise his grievances before the Assembly.
The court noted that the grievance of petitioner Kunal Ghosh, the Trinamool Congress MLA from Beleghata constituency in Kolkata, is that he is not being allowed by the Speaker to raise any query at the time of debates in the House.
Ghosh stated before the court that several bills have been passed in the House, like the West Bengal Public Safety and Control of Antisocial Activities Bill, 2026, the Finance Bill and the Municipal Affairs budget, but he has not been given an opportunity to raise any objection or to speak on the Bill introduced in the Assembly.
He prayed for a direction upon the Speaker of the West Bengal Assembly to permit him to get an opportunity to object or speak on such occasions in the House.
While Ghosh belongs to the minority TMC faction owing allegiance to former chief minister Mamata Banerjee, Leader of Opposition Ritabrata Banerjee and chief whip Akhruzzaman are of the majority faction of the party, which split following the West Bengal assembly election results, which was won by the BJP.
Joydeep Kar, the lawyer for the opposition chief whip in the House, claimed that the petition is not maintainable, referring to Article 212 of the Constitution, submitting that according to it the validity of the proceedings of a legislative assembly shall not be called into question on the ground of any alleged irregularity or procedure.
He also stated that Ghosh was granted opportunity to speak twice, but he has suppressed this fact and made out a case that he has never been granted a chance to speak in the House.
Ghosh's counsel Biswarup Bhattacharya stated before the court that while the majority faction of the TMC is participating in discussions and debates in the House, Ghosh is being denied that opportunity.
Kar submitted before the court that the Speaker has to give each of the 294 legislators in the West Bengal Assembly a chance to speak and that Ghosh had spoken on June 23 and 24, on the Governor's speech and the Budget respectively.
Stressing that Ghosh was in no way being singled out, the lawyer stated that the Leader of Opposition was also allowed time to speak on these two days only.
The Speaker's lawyer Billwadal Bhattacharya stated before the court that it appears to be a dispute between the legislature party and a member.
