Mumbai : With the Fadnavis-led BJP government set to go on floors in Nagpur next week, this is the first time in the history of the state that a session will start without a Leader of Opposition (LoP). Although a LoP may be elected later, the ceremonial tea party hosted by the LoP at the beginning of every session will have to be skipped this time.
Besides, this time both the Congress and NCP will stake claim to this post in the assembly. But experts doubt if the NCP stands a chance since Congress has 42 MLAs while NCP has 41. Even if the NCP has the support of the Bahujan Vikas Aghadi and other independents, experts say that the plum post will go to Congress since the post is that of Leader of Opposition and not leader of an alliance. The fact that Congress has its 5 MLAs suspended for misconduct does not count and the party has already given a letter staking claim to the principle secretary.
“The reason Congress still has claim to the post despite having 5 MLAs suspended is that suspension does not dissolve their legislatorship. They are only prohibited from participating in the House business and drawing salaries. But they remain members,” said senior journalist Bharatkumar Raut. Advocate Shrihari Ane, an expert in constitutional law said, “Even if NCP wants to, it cannot stake claim to the LoP because members can’t cross the floor of the house. If an MLA defects from one party to the other, he is set to lose his seat. Only if more than 50 per cent of the members of a party defect to another is it considered a split and is legally valid,” Ane said.
IPS officer-turned-lawyer Y P Singh agreed. “Congress has direct claim to the post since it is the largest party in the opposition. If NCP has a problem with the Speaker’s decision, they can challenge it in court,” Singh said.
Tanvi Deshpande
