Allahabad HC Dismisses Plea Challenging De-Recognition Of SP Member As Leader Of Opposition In UP Legislative Council

The Allahabad High Court today dismissed a writ plea moved by a Samajwadi Party leader (Lal Bihari Yadav) challenging UP Govt's notification derecognizing him as the leader of opposition in the Uttar Pradesh Legislative Council.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla had reserved the orders in the plea on September 9 after responses were filed on behalf of the Chairman and Chief Secretary of UP Legislative council. The detailed order is yet to come out in public.

The case in brief 

Petitioner/Samajwadi Party leader Lal Bihari Yadav was recognized as the leader of the opposition by a notification dated May 27, 2022, in the U.P. Legislative Council where the total strength of members is 100.

Now, in July 2022, when the Samajwadi Party membership in the U.P. Legislative Council got reduced from 11 to 9, the UP Govt issued a notification derecognizing him as the leader of the opposition. The notification stated that the decision was taken as the strength of the Party in the council had fallen short of 10 - the minimum for the largest opposition party to get the post.

Challenging the same, Yadav had moved the High Court through Advocates Krishna Kanhaiya Pal and Pooja Pal arguing that the action of the Principal Secretary, UP Legislative Council was contrary to rule 234 of the Uttar Pradesh Legislative Council's Procedure and Conduct of Business Rules 1956 as the rules do not provide for de-recognizing the leader of opposition in the Legislative Council.

During the course of the hearing, the Court had sought the response of the Chairman and Chief Secretary of the UP Legislative council on the point as to whether, when the strength of the largest opposition party in the legislative council is below the quorum of 10 as per Rule 234 of the Procedure & Practice Rules, 1956; does law mandate for recognition of leader of the opposition?