Read Time: 05 minutes

Synopsis

In Samajwadi Party leader Lal Bihari Yadav's plea against his de-recognition as the leader of opposition in the Uttar Pradesh Legislative Council, the Allahabad High Court has asked him to clarify "whether when the strength of 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 opposition?"

The bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari noted that in the U.P. Legislative Council, where the total strength of members is 100, the Samajwadi Party membership got reduced from 11 to 9 and Yadav came to be de-recognized as the Leader of Opposition.

Yadav, an elected member of the Legislative Council since 2020, was recognized as leader of opposition by notification dated 27th May, 2022. However, the office of Principal Secretary Uttar Pradesh Legislative Council, on July 7, issued a notification about Yadav's de-recognition.

It was mentioned in the notification that as the number of members of the Samajwadi Party got reduced to 9 in the Legislative Council, therefore, owing to lack of the required quorum (i.e. minimum of 10), Yadav's recognition as the leader of opposition had been withdrawn.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.

The plea stated 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. 

It further stated that Yadav's recognition as the leader of opposition has been withdrawn in a most arbitrary manner, without affording an opportunity of hearing to him. 

Court will hear the matter next on July 25, 2022.

The Uttar Pradesh Legislative Council (Hindi: Uttar Pradesh Vidhan Parishad) is the upper house of the bicameral legislature of Uttar Pradesh(UP) which is one of the six states in India, where the state legislature is bicameral, comprising two houses: the Vidhan Sabha (Legislative Assembly) and the Vidhan Parishad (Legislative Council).

Case Title: Lal Bihari Yadav v. Chairman/Sabhapati, Uttar Pradesh Legislative Council, & another.