The Delhi High Court today deferred to November 11 the hearing on a PIL seeking a direction to the Speaker to appoint Leader of Opposition (LoP) in the Lok Sabha after the Centre told it that the apex court is hearing a similar plea.
"The Supreme Court is already hearing this matter. We will hear it on November 26 after the apex court hears it," the bench headed by Chief Justice G Rohini said.
Additional Solicitor General Sanjay Jain, appearing for the Centre, said the apex court is seized of a similar issue that has arisen with respect to the appointment of Lokpal and the role of the Leader of Opposition in the selection process.
Advocate Imran Ali, who has filed the plea in his personal capacity, however, opposed the plea saying he had clarified it with lawyer Prashant Bhushan who had filed the PIL on behalf of an NGO in the apex court.
The PIL has also sought quashing of the statement of first Speaker of the Lok Sabha which had ruled that a party needs 10 per cent member strength to be the main Opposition party.
"No illegality can be perpetuated on the ground of precedents when the law of the land is clear," the petition said, adding that the Speaker should strengthen the institution in appointing the LoP.
The PIL said that the issue of appointment of LoP is to be read with the provision of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.
The apex court had, however, earlier agreed to interpret LoP provision for the purpose of appointment of Lokpal in which the LoP is a selection committee member and asked the Centre to make its stand clear within two weeks, saying the legislation cannot be put in "cold storage".
Congress, as the second largest party in the Lok Sabha with 44 seats, has been making a strong bid for the LoP post.
Ruling BJP has opposed it saying Congress does not have the requisite 10 per cent seats (55 seats) to stake claim and questioned why Congress did not give the LoP status previous seven times when it was in power.
Lok Sabha Speaker Sumitra Mahajan has rejected Congress' demand for being accorded the status of Leader of Opposition.
