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Jharkhand speaker rejects Babulal Marandi plea against anti-defection complaints
A petition filed by the BJP to seek disqualification of ex-JVM (M) lawmakers Pradeep Yadav and Bandhu Tirkey for joining the Congress is pending before Jharkhand speaker Rabindranath Mahto. Bandhu Tirkey was disqualified in April after being convicted in a corruption case
RANCHI: Jharkhand assembly speaker Rabindranath Mahto on Monday rejected Bharatiya Janata Party (BJP) leader Babulal Marandi’s request to cancel proceedings against him under the anti-defection law on the ground that the petitions were filed too late.
Marandi’s counsel RN Sahay argued that the four petitions filed against Marandi were not maintainable under the laws of limitations because they were filed 10 months after the merger of the Jharkhand Vikas Morcha (Prajatantrik), or JVM (P) with the BJP.
“Even in the Representation of People’s Act, there is a limitation of 45 days. If such rules are not followed then people can tomorrow even file a complaint after three or four years… My submission is these repetitions are not maintainable and they should be dismissed,” said Sahay.
Sunil Gadodia, who appeared for the complainants, said there was no deadline to file a complaint in the matters related to the Tenth Schedule of the Constitution, which relates to the anti-defection provisions.
“There is no such limitation in tenth schedule matters and even under the Representation of People’s Act. The defence counsel is putting forth such arguments just to delay the arguments on merits of the case,” said Gadodia at the hearing.
Marandi merged JVM (P) with the BJP on February 17, 2020 after suspending his two other party legislators, Pradeep Yadav and Bandhu Tirkey, who claimed that they represent the real JVM (P) and later merged the party with the Congress. The speaker initially initiated anti-defection proceedings on his own, but after Marandi challenged his powers to suo moto initiate cases, a bunch of complaints were filed.
On Friday, the speaker took up complaints filed by former CPI(ML) legislator, Rajkumar Yadav and JMM legislator Bhushan Tirkey. On Monday, he heard arguments for complaints filed by Congress legislator Dipika Pandey and former JVM (P) legislator Pradeep Yadav.
After hearing the arguments, speaker Rabindranath Mahto said he has received the ‘issues’ from both sides and they will be taken up for arguments later. He didn’t specify the next date of hearing.
A former assembly speaker said the case against Marandi will proceed to the next stage where the two sides will argue on merits. “In other words, the speaker has accepted the anti-defection petition rejecting the preliminary objection of Marandi. On the next date, the two sides will argue on merits of the case only,” the former speaker explained.
To be sure, the BJP has also complained to the speaker to seek disqualification of ex-JVM (M) lawmakers Pradeep Yadav and Bandhu Tirkey for joining the Congress. Bandhu Tirkey was disqualified in April this year after being sentenced to three years jail by a CBI court for corruption. The speaker is yet to rule on Pradeep Yadav.
