HC vacates stay order as Speaker pipes down against Marandi
The matter relates to suo moto proceedings initiated by J’khand Speaker under antidefection laws to decide if merger of JVM-P led by Marandi into BJP was valid
RANCHI: The Jharkhand high court (HC) on Tuesday vacated its earlier order staying the Speaker’s notice issued against BJP’s leader of opposition Babulal Marandi after the former stated that he would not continue with anti-defection proceedings initiated suo motu against Marandi.
The matter relates to suo moto proceedings initiated by the Jharkhand assembly Speaker under 10th schedule of the Constitution (anti-defection laws) to decide if the merger of Jharkhand Vikas Morcha-Prajatantrik (JVM-P) led by Marandi into the BJP in February 2020 was valid.
Following this, the Speaker had issued notices to all parties concerned, including Marandi, in November last year.
But, the BJP leader had moved the HC, challenging the Speaker’s notice, that was later stayed by the judicial order passed last month.
“Filing an affidavit with the court, the Speaker on Tuesday stated that he would not continue with the proceedings against Marandi,” said advocate RN Sahay, representing the BJP leader.
He informed that following the Speaker’s submission, the court vacated its earlier order that stayed the Speaker’s notice sent to Marandi.
Sahay, however, argued that the provision of Speaker’s power to take suo moto cognisance
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 on the issue.
The bench also fixed the same date to hear the petition
filed by the state BJP unit, seeking judicial order to the Speaker to officially designate Marandi as the leader of opposition in the state.
Marandi, who had 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, raised a controversy after one camp headed by Marandi and the other 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, found materials to initiate a proceeding under 10th schedule of the Constitution.
In November 2020, the Speaker’s court issued notices to Marandi and others seeking their reply.
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 one. But, the Speaker is yet to take a decision in this regard.