Petition states that the speaker has not appointed the leader of single largest party in opposition as the leader of opposition. Although Indian National Congress, the single largest party in opposition, has declared Murshidabad MP Adhir Ranjan Chowdhury as their leader in Lok sabha, the newly appointed speaker Om Birla has not appointed him as the leader of Opposition, states the petition.
The petition refers to salaries and Allowances of Leaders of Opposition in Parliament Act 1977, which
Defines Leader of opposition as the “the leader in that House of the party in the opposition to the Government having the Greatest numerical strength and recognized as such by the chairman of the Council of States or the speaker of the House of the People”
The petition contended that since congress 52 MPs does not have 10% seats in the Lok Sabha, it is not given the post of Leader Opposition and said 10% rule is not recognized by the statute, and there is no mention of it in the Parliament Act 1977.
They said that leader of Opposition is key functionary in parliament democracy, and has statutory roles to perform in the appointment of CVC, CBI Director, Lok pal etc.
The vacation bench of Justices Jyoti Singh and Manoj Ohri refused to grant urgent hearing to a petition seeking directions to appoint leader of Opposition in the Lok Sabha after observing that there was no urgency in the case.