The Gauhati High Court on Tuesday stayed an Assam Assembly notification that derecognised Congress MLA Debabrata Saikia because the Leader of Opposition (LOP), saying that it was “unsustainable under law.”
The Assam Assembly had by means of a notification derecognised Mr Saikia from January 1 because the Congress’s quantity dropped beneath one-sixth of the full seats following resignations of two MLAs.
The Congress, which had 24 legislators within the 126-strong meeting, now have solely 20 MLAs after two of its legislators – Ajanta Neog (MLA from Golaghat) and Rajdeep Gowala (MLA from Lakhipur) – lately joined the BJP and two others – Tarun Gogoi and Pranab Gogoi – died.
Though the Congress is just one seat wanting the one-sixth mark (21), it’s nonetheless the most important opposition celebration within the meeting, argued advocate Satyen Sarma, who appeared for Mr Saikia.
“An MLA holding the position of Leader of the Opposition needs to fulfil two requirements under Rule 2(1)(p) of the Rules of Procedure and Conduct of Business in Assam Legislative Assembly and Section 2 of The Salary and Allowances of the Leader of the Opposition in the Assam Legislative Assembly Act, 1978. Firstly, one has to be the leader of the largest recognized party in the opposition and secondly, the MLA concerned has to be recognized as the leader of the largest recognized opposition party by the Speaker. Saikia fulfilled both of these requirements,” Mr Sarma stated.
The court docket additionally issued notices to the Secretary and Principal Secretary of the Assam Legislative Assembly, together with the Assam Chief Secretary.
Justice Achintya Malla Bujor Barua famous that the problem of Congress MLAs not forming one-sixth of the full members of the House is unrelated to the popularity of Mr Saikia as LOP.
“In such a scenario, the Hon’ble Court was of the preliminary view that the Notification under challenge was unsustainable under the law and the facts of the case. Therefore, in view of Mr Sarma having made out a prima facie case in favour of Mr Saikia, and considering the balance of convenience and irreparable injury which may be otherwise caused to Mr Saikia, the honourable court was pleased to stay the operation of the notification,” the order said