IMRAN ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL) by an Advocate impleading, (i) Union of India (UOI) through the Principal Secretary, Department of Legal Affairs; and, (ii) the Speaker of Lok Sabha only as the respondents thereto, seeks issuance of (a) a writ of mandamus commanding the respondents to follow mandate of law by recognizing Leader of Opposition in the 16th Lok Sabha; and, (b) a writ of certiorari quashing the directives issued by the Speaker putting rider in nature of caveat in Section 2 of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

(2.) THE petition is prefaced on newspaper report dated 20th August, 2014 to the effect that the Speaker of the 16th Lok Sabha has refused to appoint / recognise any person as Leader of Opposition because no opposition party was able to secure 55 seats in the Lok Sabha. It is pleaded:

(3.) THE petition though listed in the past was adjourned from time to time; we have today heard the counsel for the petitioner on the aspect of entertaining the petition.