Mahajan said the Speaker did not enjoy any personal discretion while choosing a member as LoP and was only meant to follow rules and precedents to arrive at a decision.
ALSO READ: AG view on LoP issue given to 'please political masters': Congress
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Pointing out instances when there had been no LoPs, she said: "Many a times, there was no Leader of Opposition. First LoP was only in 1969 as before that no one had 1/10th (seats) in Lok Sabha. There was no LoP in 1980 and also in 1984.
"Now also the numbers are not adequate for LoP...So have to see," she said.
ALSO READ: Congress cannot demand LoP post on the basis of entitlement: BJP
In view of the dilemma she was facing over the issue, Mahajan had sought AG Mukul Rohtagi's opinion on the matter.
In his letter, Rohatgi opined that Congress is not eligible and there is no precedent since the days of the first Lok Sabha to grant the post to a party which does not have the minimum required MPs.
The AG's opinion came as a setback to Congress which has made a strong pitch for the Leader of Opposition post despite securing just 44 seats in the 543-member House. A party has to win 55 seats to get 10 per cent members.
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