In case of PDP-BJP tie, Assembly to be without Leader of Opposition
Opposition party should have 23 members to become eligible for the post
If Peoples Democratic Party (PDP) and Bharatiya Janta Party (BJP) join hands to form the new government, the Legislative Assembly would face a situation akin to one witnessed in Lok Sabha earlier this year where no opposition party had numbers to bag the post of Leader of Opposition (LOP).
A senior official in Law Department told Greater Kashmir that an opposition party should have at least 23 members in the House to stake claim for the post of Leader of Opposition (LOP) going by the law of the land and parliamentary procedures.
State’s Law Secretary Muhammad Ashraf Mir said only parties having 23 or more members can claim for the post in case they decide to sit in opposition.
“The NC and Congress doesn’t have requisite 23 seats to be eligible for the post of Leader of Opposition,” Mir said, adding “There would no leader of opposition in case PDP and BJP are part of the government”.
According to him, as per section 2 of the Salaries and Allowances of Leader of Opposition in the State Legislature Act, 1985 Leader of Opposition is defined as the leader of a party to opposition in the government having at least strength equal to the quorum fixed to constitute a sitting of the House.
The Rule 13-A of Rules of Procedure of Legislative Assembly fixes the quorum as 23 members, he added.
There was no Leader of Opposition in the 11th Assembly as the then largest opposition party, PDP had 21 seats- two short of 23.
The 2014 Assembly polls in Jammu and Kashmir have thrown up a hung house with no party getting a clear majority. The Peoples Democratic Party emerged as the single largest party by bagging 28 seats whereas BJP finished closed second with 25 seats. The National Conference bagged 15 whereas its erstwhile ally Congress got 12 seats. Seven seats were bagged by others including two by Peoples Conference headed by Sajjad Gani Lone.
