HC upholds derecognition of Cong MLA as leader of opp

Gauhati High Court on Wednesdayupheld the Assam Assembly secretary A N Deka's ruling whichderecognised Congress MLA Debabrata Saikia as leader of theopposition in the house.

The recognition to Saikia was withdrawn on the groundthat Congress has lost one-sixth strength of the total membersof the House.

Justice Achintya Malla Bujor Barua dismissed Saikia'swrit petition challenging the notification issued on January 1by the assembly secretary in which he withdrew the recognitiongiven to Saikia on June 4, 2016 as the leader of theopposition.

The judge also vacated the interim order passed onJanuary 12 when he had issued notice returnable by four weeksand had stayed the withdrawal of recognition.

Saikia had in his petition contended that thenotification violated his fundamental right under Article 14(equality before law) of the Constitution of India and alsounlawfully invoked Rule 11(2)(i)(c) of the Directions by theSpeaker of the Assam Assembly.

Saikia had also claimed that he is legally entitled tothe status of leader of opposition as per Section 2 of theSalary and Allowances of the Leaders of the Opposition inAssam Legislative Assembly Act, 1978.

He had said both these requirements were fulfilled andsince the notification did not withdraw his recognition fortheir non-fulfillment, he is still legally entitled to remainthe leader of the opposition.

Assam assembly has 126 seats of which the BJP has 60and the opposition Congress has 20 seats. Four more seats thatCongress had won in 2016 is vacant.

Of the four vacant Congress seats, former chiefminister Tarun Gogoi and former speaker Pranab Gogoi are dead,while Ajanta Neog and Rajdeep Goala had resigned from theparty to join BJP.

The assembly goes to the polls in March-April thisyear.