Supreme Court Denies Hearing on TMC Rebel MLAs' Membership Cancellation Request

The Supreme Court has refused to hear a petition from TMC leader Shobhandeb Chattopadhyay seeking the cancellation of memberships for ten rebel MLAs, including Ritabrat Banerjee and Firhad Hakim. The court directed the petitioner to approach the Calcutta High Court for resolution. This decision comes after a five-month delay in addressing the membership cancellation requests. The case highlights ongoing internal conflicts within the TMC, with demands for action against the rebel MLAs under the anti-defection law. The Supreme Court's earlier expectations for a timely decision by the Assembly Speaker have not been met, prompting further legal action.

By Narendra Chaudhary Nov 5, 2026, 16:21 IST

Supreme Court's Decision on TMC Leaders' Petition

New Delhi. On Thursday, the Supreme Court declined to hear a petition from senior Trinamool Congress (TMC) leader Shobhandeb Chattopadhyay. The petition sought the cancellation of the memberships of ten rebel MLAs, including Leader of the Opposition Ritabrat Banerjee and former Kolkata Municipal Corporation (KMC) Mayor Firhad Hakim, under the anti-defection law. The apex court directed the petitioner to approach the Calcutta High Court for this matter.

The bench, comprising Chief Justice Suryakant and Justice Joymalya Bagchi, stated that the appropriate legal recourse for the petitioner at this stage is to file a petition in the Calcutta High Court. They granted the petitioner the freedom to submit an appropriate application in the High Court and requested the Chief Justice of the Calcutta High Court to expedite the hearing of this case.

Pending Membership Cancellation Petitions for Five Months

During the hearing, the lawyer representing Shobhandeb Chattopadhyay informed the court that petitions for the cancellation of the MLAs' memberships were filed on July 8, but no decision has been made even after nearly five months.

The lawyer argued that this case falls within the purview of the Supreme Court's earlier directives. He requested that the High Court's bench expedite the hearing to avoid multiple rounds of appeals within the court system.

In response, the bench led by the Chief Justice reiterated that the petitioner should approach the Calcutta High Court. The Supreme Court has currently resolved the petition by allowing the petitioner to file an appropriate application in the High Court.

Action Demanded Against Ritabrat Banerjee and Firhad Hakim

In his writ petition, senior TMC MLA Shobhandeb Chattopadhyay sought a directive for the cancellation of the memberships of Ritabrat Banerjee, Firhad Hakim, and eight other MLAs under the Tenth Schedule of the Constitution. The petition also requested directives against the Speaker of the West Bengal Assembly, Rabindra Bose.

The petitioner alleged that the Assembly Speaker failed to make a decision on the petitions regarding the cancellation of the MLAs' memberships within the timeframe set by the Supreme Court. This was Chattopadhyay's second approach to the Supreme Court regarding this matter.

Previously, in September, he had approached the Supreme Court after the Assembly Speaker did not make a decision on petitions filed by the faction led by former Chief Minister Mamata Banerjee.

Supreme Court's Earlier Expectations for a Decision

On September 28, the bench comprising Chief Justice Suryakant, Justice Joymalya Bagchi, and Justice V. Mohana expressed hope that the Assembly Speaker would decide on the proceedings related to the cancellation of the MLAs' memberships within three months.

The Supreme Court noted that this three-month deadline was set to expire on October 8, and they were confident that the Assembly Speaker would make a proper decision within the stipulated time. However, after no decision was made on the membership cancellation petitions, Shobhandeb Chattopadhyay once again approached the Supreme Court.

List of MLAs Facing Action

In addition to Ritabrat Banerjee and Firhad Hakim, the membership cancellation request includes MLAs Sandipan Saha, Arup Roy, Shiu Li Saha, Akhruzzaman, Sabina Yasmin, Rathin Ghosh, Biplab Mitra, and Javed Ahmed Khan.

This entire matter is linked to the ongoing internal disputes within the Trinamool Congress. The faction led by Mamata Banerjee is demanding action against all ten MLAs under the anti-defection law as per the Tenth Schedule of the Constitution. Currently, the Supreme Court has opted not to hear the case and has directed the petitioner to approach the Calcutta High Court.