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.
Enter your email to get our daily newsletter in your inbox
- The bench, also comprising Justices L Nageswara Rao and S Ravindra Bhat apart from Chief Justice of India (CJI) SA Bobde were of the view that magistrates should play a more “intrusive” role in investigation.
- Police said the accused and the victim were in a relationship for a year, but of late she had been avoiding him.
- The national carrier at present is operating only special passenger trains since the curbs on lockdown were eased. Regular passenger trains have been suspended since March 25, 2020.
- Both the casualties took place due to IED blasts.
- The BJP unit has also been at loggerheads with the ruling Meghalaya Democratic Alliance (MDA) dispensation with its chief Earnest Mawrie accusing it of anomalies in governance.
- Shahjahanpur’s superintendent of police S Anand, SP, denied reports that the girl was burnt after a failed rape attempt
- An expert team is trying to drain out the lake to prevent another tragedy like the Chamoli flash flood.
- The tribal fair draws devotees not only from Telangana, but also from other states like Andhra Pradesh, Chhattisgarh, Maharashtra and Madhya Pradesh.
- The notice released by the state government stated “All passengers coming to West Bengal from the aforementioned 4 states shall mandatorily carry a covid negative RT-PCR report for such test conducted within 72 hours of flight departure.”
- The police said they were ascertaining the identities and affiliation of the two terrorists.
- The research says the average compensation paid for human death in the country is ₹1,91,437, and the average compensation paid for injury is ₹6,185.