DEBABRATA SAIKIAM Vs. HONBLE SPEAKER, ASSAM LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) Heard Mr. S Sarma, learned counsel assisted by Mr. J Deka learned counsel for the petitioner, Mr. D Saikia, learned senior counsel, assisted by Mr. P Nayak, learned counsel for the respondents No.2 and 4 being the Secretary to the Assam Legislative Assembly and the Principal Secretary to the Assam Legislative Assembly, respectively, and Mr. D Mazumdar, learned Senior counsel and Additional Advocate General for the respondent No.3 being the State of Assam through the Chief Secretary to the Government of Assam.

(2.) Considering the structure of the writ petition and nature of the relief sought for in prayer No.1 seeking setting aside of the notification dated 01.01.2021 of the Secretary to the Assam Legislative Assembly, we are inclined to delete the respondent No.1, being the Hon'ble Speaker to the Assam Legislative Assembly from the array of respondents. Although the prayer No.2 is for a mandamus for restoring the writ petitioner as the Leader of Opposition in the 14th Assam Legislative Assembly, but such prayer would have to be construed to be a relief which would be a consequence and an effect of allowing the prayer No.1, rather than it being an independent relief being sought for.

(3.) The petitioner, Sri Debabrata Saikia was elected as a Member to the 14th Assam Legislative Assembly from the No.104 Nazira Legislative Assembly, being a candidate of the political party the Indian National Congress (for short, INC), which is stated to be a recognized national political party. In the 14th Assam Legislative Assembly, at the time of its constitution the INC had 26 seats in a situation where the total strength of the Members of Assam Legislative Assembly is 126 seats.