A K SUBBAIAH Vs. KARNATAKA LEGISLATURE SECRETARIAT

JUDGEMENT

(1.) This writ appeal is preferred against the order dated 28-8-1992 passed in Writ Petition No. 25617 of 1992. The learned Single Judge has dismissed the writ petition.

(2.) In the writ petition, the petitioner sought for quashing the notification dated18th August, 1992 bearing No. 48 issued by the Secretary to Legislative Assembly, produced as Annexure-C stating that Sri R.V. Deshpande, Respondent No. 3, has been recognised as the Leader of the Opposition in the Karnataka Legislative Assembly from 18th August, 1992.

(3.) The petitioner is a member of the Legislative Council. He has filed the petitionas a public interest petition. The learned single Judge has dismissed the petition on the ground that whether the total number of members of Janatha Dal is 23 and whether the 3rd respondent could be recognised as the Leader of the Opposition or not, are the matters falling in the jurisdiction and domain of the Speaker of the Assembly; that this court cannot hold an enquiry as lo whether the 3rd respondent has duly been elected by the party and whether there is necessary strength in the Janatha Dal in the Assembly so as to recognise the 3rd respondent as the Leader.