KARPOORI THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The controversy in this writ application is as to whether the cancellation of recognition of the petitioner as the leader of opposition in the Bihar Legislative Assembly was valid and legal. It is an admitted position that earlier the Speaker of the said Assembly had recognised this petitioner as Leader of Opposition. The decision of the Speaker was communicated to the petitioner under letter dated 1-7-1980, a copy whereof is An-nexure-2 to the writ application. In that communication it was mentioned that as the petitioner was the leader of a party which had the strength of 42 in the Assembly which had the greatest numerical strength of a party in opposition, the Speaker was declaring the petitioner as the leader of opposition in the Assembly. It appears that later there was a split in the party of which the petitioner was the leader and the strength of the party of which the petitioner remained the leader was reduced to 31. The impugned communication dated 4-10-1982 was issued on behalf of the speaker saying that as the number of the members in the Assembly of the party of which the petitioner was the leader had been reduced from 42 to 31, the recognition of petitioner as leader of opposition was being cancelled. A copy of the impugned communication is Annexure-1 to the writ application.

(2.) There is no dispute that the party of which the petitioner is the leader has still the largest numercial strength on the opposite side in the Assembly. According to the petitioner, till the party in opposition of which he is the leader commands the greatest numerical strength in the Assembly, the speaker has to continue to recognise him as the leader of the opposition.

(3.) The State of Bihar and the Speaker, Bihar legislative Assembly are the respondents to this writ application. The Speaker has not entered appearance, but counter-affidavit has been filed on behalf of the State of Bihar. Learned Additional Advocate General, wise appeared for the Stale of Bihar, informed the Court that the Speaker has notice about the date of hearing of this writ application. This statement has been noted in the order dated 4-12-1982 of this court.