Gauhati HC stays removal of Cong MLA as leader of opposition in Assam assembly

The Assembly secretariat said that since the present strength of the Congress was not equal to the quorum fixed to constitute a sitting of the House, Debabrata Saikia's status as leader of opposition was withdrawn.

Published on: Jan 12, 2021, 21:14:23 IST

By Utpal Parashar

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The Gauhati High Court on Tuesday stayed the notice issued by Assam assembly secretariat removing Congress legislature party leader Debabrata Saikia from the status of leader of opposition.

The next date of hearing for the petition has been fixed on January 11 by the Gauhati High Court . (SOURCED.)

On January 1, Saikia’s status was withdrawn after two Congress MLAs resigned from the party and joined the ruling Bharatiya Janata Party, bringing the total number of Congress legislators down to 20 in the 126-member assembly.

It was stated that since the present strength of the Congress was not equal to the quorum fixed to constitute a sitting of the House, i.e. one-sixth of the total members, his status was withdrawn.

Hearing a petition filed by Saikia challenging the notification, justice Achintya Malla Bujor Barua stayed the move and issued notices to the secretary and principal secretary of Assam assembly returnable within two weeks.

Appearing for Saikia, advocate Satyen Sarma submitted that since he fulfilled the requirement of being leader of the largest party in opposition and was also recognized by the assembly Speaker as such, he (Saikia) is still legally entitled to remain leader of opposition.

“No material has been produced before the court that the petitioner Debabrata Saikia is not the leader of Indian National Congress legislature party in the Assam legislative assembly. So from the said point of view, the petitioner satisfies the requirement of the meaning of the expression leader of opposition,” Justice Bujor Barua said in his order.

“Prima facie the order contained in the notification dated 01-01-2021 of the secretary, Assam legislative assembly withdrawing the recognition of the petitioner Debabrata Saikia as the leader of opposition would be unsustainable, both on law as well as on facts,” the order added.

The matter has been listed for hearing after two weeks.

ABOUT THE AUTHOR
Utpal Parashar
A seasoned senior journalist, I have nearly three decades of experience across print, digital, and online platforms, covering political transitions, insurgencies, environmental issues, and development stories in India and Nepal. I am skilled in breaking news, leading editorial teams and launch of newspaper editions. I am adept at leveraging digital trends and social media to expand global reach, with a strong ethical foundation and a reputation for impactful journalism. An alumnus of Asian College of Journalism, I joined Hindustan Times in New Delhi as a trainee reporter in May 1997. Over the years, I have been posted in Dehradun, Kathmandu (Nepal) and Guwahati. Currently, as Senior Assistant Editor at Hindustan Times, I lead a team reporting on India’s northeastern states. My work involves in-depth analysis, and engaging multimedia storytelling across formats, including text, photo, video, and interactive content. I am skilled in producing timely, shareable content, leveraging digital platforms and social media to engage global audiences. Throughout my career with the Hindustan Times, I have led diverse editorial teams, designed capacity-building activities, and supported reporters in developing strong story ideas, ethical reporting practices, digital skills, and fact-checking techniques. As Senior Assistant Editor for Northeast India, I have been responsible for guiding correspondents through complex political, humanitarian, and community-level stories using multimedia formats. Earlier, as Foreign Correspondent in Nepal, I produced extensive reporting during Nepal’s democratic transition and the 2015 earthquake and its aftermath.Read More

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