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1982 Supreme(Pat) 169

ANAND PRASAD SINHA, NAGENDRA PRASAD SINGH
Karpoori Thakur – Appellant
Versus
State Of Bihar – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

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 Annexure-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 r





















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