Recognition Of LoP By Speaker/Chairman Is A Part Of Convention Not Governed By 'UP State Legislature Act': Allahabad High Court
Live LawThe Allahabad High Court has held that there is no provision in the Uttar Pradesh State Legislature Act, 1980 which mandates the Speaker/Chairman of the house to recognize the leader of a party having the greatest numerical strength, to be the leader of the opposition.The court further observed that if the Speaker recognizes any person who is the leader of. The Allahabad High Court has held that there is no provision in the Uttar Pradesh State Legislature Act, 1980 which mandates the Speaker/Chairman of the house to recognize the leader of a party having the greatest numerical strength, to be the leader of the opposition. The court further observed that if the Speaker recognizes any person who is the leader of a party in opposition having the greatest numerical strength as the leader of the opposition, he is doing so on the basis of the practice prevailing The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla observed thus while dismissing a writ plea moved by a Samajwadi Party leader challenging UP Govt's notification derecognizing him as the leader of opposition in the Uttar Pradesh Legislative Council. "There is no provision in the Act which enjoins any mechanism or mandates the Speaker to recognize the leader of a party having the greatest numerical strength, to be the leader of opposition.