Allahabad High Court dismisses SP Leader's Plea Against His De-Recognition As Leader Of Opposition In UP Legislative Council
Yadav's recognition as the leader of the opposition was withdrawn on the ground that number of Samajwapi party members in the legislative council got below 10 i.e. required quorum.
The Allahabad High Court today dismissed Samajwadi Party leader Lal Bihari Yadav's plea against his de-recognition as the leader of opposition in the Uttar Pradesh Legislative Council.
The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla today pronounced the order that had been reserved on September 8, 2022. The detailed order is yet awaited.
Through his plea, Yadav, an elected member of the Legislative Council since 2020 who was recognized as the leader of opposition on May 27 this year, had prayed to quash or stay the operation of notification for his de-recognition.
The office of Principal Secretary Uttar Pradesh Legislative Council, on July 7 issued a notification that stated that as the number of members of the Samajwadi Party got reduced from 11 to 9 in the State Legislative Council, therefore, owing to lack of the required quorum (i.e. minimum of 10), Yadav's recognition as the leader of the opposition had been withdrawn.
Challenging the same, Yadav moved a plea, drawn by Advocates Krishna Kanhaiya Pal and Pooja Pal, before the high court stating 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.
He alleged that as per the definition mentioned under Rule 234 of the Uttar Pradesh Legislative Council’s Procedure and Conduct of Business Rules 1956, there is no provision for de-recognition with regard to the leader of opposition in the UP Legislative Council.
The Uttar Pradesh Legislative Council (UP Vidhan Parishad) is the upper house of the bicameral legislature of the state which is one of the six states in India, where the state legislature is bicameral. UP Legislative Council is a permanent House, Consisting of 100 members, (90 elected + 10 nominated).
Case Title: Lal Bihari Yadav v. Chairman/Sabhapati, Uttar Pradesh Legislative Council, & another.