E-Paper
HC vacates stay as Jharkhand Speaker ends Babulal Marandi’s anti-defection trial
The Speaker had initiated proceedings under anti-defection laws to decide if the merger of Jharkhand Vikas Morcha-Prajatantrik (JVM-P) led by Babulal Marandi into the BJP in February, 2020, was valid.
The Jharkhand high court on Tuesday vacated its earlier order staying the Speaker's notice against leader of opposition Babulal Marandi of the BJP after the former stated that he would not continue with anti-defection proceedings that were initiated suo motu against Marandi.
Speaker Rabindra Nath Mahato had initiated proceedings suo motu under the 10th schedule of the constitution (anti-defection laws) to decide if the merger of Jharkhand Vikas Morcha-Prajatantrik (JVM-P) led by its chief Marandi into the BJP in February, 2020, was valid.
Following this, he had issued notices to all parties concerned including Marandi in November last year.
Marandi had moved the Jharkhand high court challenging the Speaker's notice that was stayed by a judicial order last month.
"Filing an affidavit with the court, the Speaker on Tuesday stated that he would not continue with this proceedings against Marandi," said Marandi’s lawyer RN Sahay.
He said that following the Speaker's submission, the court vacated its earlier order staying his notice to Marandi.
Sahay, however, argued that the provision of Speaker's power to take suo motu cognizance in anti-defection matters as enumerated in Jharkhand Legislative Assembly Members (Disqualification on the ground of defection) Rules, 2006, is wholly illegal as it is contradictory to the provisions of 10th schedule of the constitution.
He urged the court to decide the issue on merit.
A division bench of chief justice Dr Ravi Ranjan and justice Sujit Narayan Prasad then fixed March 2 to decide the issue.
The bench also fixed March 2 to hear the petition filed by the state BJP unit through its chief whip Biranchi Narayan seeking judicial order to the Speaker to officially designate Marandi as the leader of opposition in the state.
Marandi, who won from Dhanwar assembly segment in 2019 state polls, joined the BJP after merging his party JVM (P) with the saffron fold in February last year. Two other MLAs - Pradeep Yadav and Bandhu Tirkey, who had also won the elections on JVM (P) ticket but later expelled from the party on disciplinary grounds, joined the Congress.
The merger of JVM (P) and shifting of MLAs in different camps, however, have raised a controversy after one camp headed by Marandi and another by Yadav and Tirkey approached the Speaker making almost similar claims.
The Speaker, following the February 16, 2020, letter forwarded by Marandi to inform him (Speaker) about JVM-P merger into the BJP, initiated proceedings under the 10th schedule of the constitution.
In November 2020, the Speaker issued notices to Marandi and others seeking their replies.
Meanwhile, the BJP, which had emerged as the second largest party after the polls, nominated Marandi as its leader of opposition and forwarded a letter to the Speaker to officially designate him as LoP. But, the Speaker is yet to take a decision in this regard.
