SC notice to Maharashtra govt, municipal body on plea against conferring Leader of Opposition post to ruling Congress

The Congress party occupied the post of Leader of Opposition, though it is in power, the petitioner claimed

The Supreme Court on Thursday issued notice to the Maharasthra government and the mayor of Municipal Corporation of Greater Mumbai on a plea alleging that the Congress party, despite being in ruling coalition, enjoyed the post of Leader of Opposition.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian sought a response from the state government and the municipal body on a petition by a BJP councillor, Prabhakar Tukaram Shinde.

Senior advocate Mukul Rohatgi, appearing for the petitioner, contended that there was an understanding of the BJP with Shiv Sena which now has fizzled out. So, being the largest party in opposition, BJP must get back the constitutionally entitled post.

The Congress party occupied the post of Leader of Opposition, though it is in power, he claimed.

Shinde sought a direction to recognise him as Leader of Opposition after being appointed as group leader of the BJP in the municipal body where Shiv Sena got 84 councillors, BJP 82, Indian National Congress 31, NCP 9, MNS 7, Samajwadi Party 6, AIMIM 2 and others 6.

On April 17, 2019 BJP group leader Manoj Kotak was offered the post but he declined. Subsequently, he was elected as MLA from Mumbai North East constituency. In February, 2020, a letter was addressed to the mayor for recognising Shinde as Leader of Opposition but he on March 5, 2020 declined it, saying Ravi Raja of the INC had already been conferred the post.

The petitioner challenged the validity of the Bombay HC order of September 21, 2020, that dismissed his writ petition in the matter.

"If leader of a party in opposition having greatest numerical strength is at a given time unwilling to take up the position, the leader of the next largest party is appointed as Leader of Opposition only so that the position is not left vacant till such time as the leader of the party having greatest strength comes forward to accept the responsibilities of the office of the Leader of Opposition," his plea contended.