Andhra Pradesh High Court Issues Notice On Ex-CM Jagan Mohan Reddy's Plea To Be Declated As LoP In State Assembly

Jagan Mohan Reddy, the Ex CM of Andhra Pradesh has approached the Andhra Pradesh High Court praying to be declared as the Leader of the Opposition Party in the State Legislature.

Justice Ravi Cheemalapati, before who the writ was listed, ordered notice in the matter and posted it on the 22nd of this month.

In his petition, Jagan explained that usually when the customary oath-taking ceremony to the legislative assembly is undertaken, the order of oath administration is as follows:

1. The Chief Minister being the head of the state administers the oath first.
2. followed by him the council of ministers undertaking the oath,
3. and then it is time for the Leader Of the Opposition Party (LOP) to administer his oath.

Reddy stated that on 21st June when the customary oath-taking ceremony to the State Legislative Assembly was undertaken, he undertook the oath at number 26.

The Ex-CM stated that in the formative years after the formation of the Andhra Pradesh State in 2014, he was declared the leader of the opposition upon securing 70 out of 175 seats. In 2019 when the second state elections were held, he won with the landslide victory by securing 151 seats out of the total 175.

It was stated that, although, in the recent 2024 elections he was only able to secure 11 out of the 175 seats, that would have no bearing on him being declared as the Leader of the Opposition Party as there is no other opposition party in the state.

Jagan stated, that this made it evident that he would not be declared as the LoP in the AP State legislature.

He contended that section 12B of the Andhra Pradesh Payment Of Salaries And Pension And Removal of Disqualification Act,1953 defines a 'leader of the opposition.' It states that when there are two or more parties in opposition to the government the speaker of the Andhra Pradesh state legislative assembly may recognize anyone of the leaders of such party as the leader of the opposition.

Jagan vehemently contended that having won the previous elections with a landslide majority and there being no other opposition party in the state of Andhra, none but him, can be declared as the LOP

It was further brought to the notice of the court that on 24-6-2024 the petitioner addressed a letter to a Minister of the legislative assembly i.e., Payyavula Keshav, bringing to his notice instances where the status of leader of the opposition was granted to representatives of a political party who secured less than the minimum 10% of the total seats in the house.

Additionally, it was contended that the said minister talking before the media, about the letter addressed to him, had conveyed his intention of not granting the status of leader of opposition to the petitioner due to him not being able to secure 10% minimum seats.

The petitioner contended that the rules of procedure and conduct of business in the Andhra Pradesh legislative assembly notified under Article 208 of the constitution of India do not prescribe any mandatory percentage of seats to be secured by a political party to be recognized as the LOP.

He contended that previously the Speaker to the legislative assembly had made comments wherein he stated that Jagan was a person who was 'defeated but not yet dead and should be beaten till his death.' Thus, the Speaker was arrayed as a party to the present Writ.

WP 15968/2024

Counsel for petitioner:  C SUMON

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