JUDGMENT :

Achintya Malla Bujor Barua, J.

1. Heard Mr. S. Sarma, learned counsel assisted by Mr. J Deka learned counsel for the petitioner, Mr. D Saikia, learned senior counsel, assisted by Mr. P Nayak, learned counsel for the respondents No. 2 and 4 being the Secretary to the Assam Legislative Assembly and the Principal Secretary to the Assam Legislative Assembly, respectively, and Mr. D Mazumdar, learned Senior counsel and Additional Advocate General for the respondent No. 3 being the State of Assam through the Chief Secretary to the Government of Assam.

2. Considering the structure of the writ petition and nature of the relief sought for in prayer No. 1 seeking setting aside of the notification dated 01.01.2021 of the Secretary to the Assam Legislative Assembly, we are inclined to delete the respondent No. 1, being the Hon'ble Speaker to the Assam Legislative Assembly from the array of respondents. Although the prayer No. 2 is for a mandamus for restoring the writ petitioner as the Leader of Opposition in the 14th Assam Legislative Assembly, but such prayer would have to be construed to be a relief which would be a consequence and an effect of allowing the prayer No. 1, rather than it being an independent relief being sought for.

3. The petitioner, Sri Debabrata Saikia was elected as a Member to the 14th Assam Legislative Assembly from the No. 104 Nazira Legislative Assembly, being a candidate of the political party the Indian National Congress (for short, INC), which is stated to be a recognized national political party. In the 14th Assam Legislative Assembly, at the time of its constitution the INC had 26 seats in a situation where the total strength of the Members of Assam Legislative Assembly is 126 seats.

4. The Speaker of the 14th Assam Legislative Assembly was informed by the INC that the petitioner Sri Debabrata Saikia had been elected as the Leader of the INC Legislature Party. Pursuant to such information, an announcement was made in the Assembly on 03.06.2016 whereby the Members of the 14th Assam Legislative Assembly were informed that on 30.05.2016 a letter was received from Sri Ripun Bora, the President of the Assam Pradesh Congress Committee informing that in the meeting of the Congress Legislature Party held on 27.05.2016, Sri Debabrata Saikia had unanimously been nominated as the Leader of the Congress Legislature Party. The 14th Assam Legislative Assembly was further informed that Sri Debabrata Saikia had been recognized as the Leader of Opposition w.e.f. 03.06.2016 under Section 2 of the Salary and Allowances of the Leader of Opposition in the Assam Legislative Assembly Act 1978 (for short, Salary and Allowances Act, 1978) read with Rule 2(1)(p) of the Rules of Procedure and Conduct of Business in Assam Legislative Assembly (for short, Rules of Procedure in Assembly) and Clause 11(2)(i)(c) of the Directions by the Speaker Assam Legislative Assembly.

Subsequent thereto, the Notification No. LLE 8/2016/113 dated 04.06.2016 of the Principal Secretary to the Assam Legislative Assembly was issued wherein it was provided that Sri Debabrata Saikia who is a Member belonging to the INC Legislature Party in the 14th Assam Legislative Assembly having been recognized as its Leader and having fulfilled all the requirements for being recognized as the Leader of the Opposition, the Hon'ble Speaker of the Assam Legislative Assembly had been pleased to recognize Sri Debabrata Saikia as the Leader of Opposition in the Assam Legislative Assembly w.e.f. 03.06.2016 and that such recognition had been made under Section 2 of the Salary and Allowances Act, 1978 read with Rule 2(1)(p) of the Rules of Procedure in Assembly and Clause 11(2)(i)(c) of the Directions by the Speaker Assam Legislative Assembly.

5. By a subsequent Notification No. LLE 8/2016/883 dated 01.01.2021 of the Secretary to the Assam Legislative Assembly it was provided that Sri Debabrata Saikia had been recognized as a Leader of the Opposition in the 14th Assam Legislat