HC TO TAKE CALL ON BABULAL MARANDI’S FATE ON JAN 19

RANCHI: The Jharkhand high court will decide on January 19 whether to proceed with Babulal Marandi’s writ petition challenging the assembly speaker’s suo motto proceeding initiated under the 10th schedule of the Constitution along with another petition that pleaded for his Leader of the Opposition Party (LoP) status in the state assembly.

The double bench of chief justice Ravi Ranjan and justice SN Prasad took the decision after hearing Babulal’s rejoinder and Kapil Sibbal, the lawyer pleading on behalf of assembly speaker Rabindra Nath Mahato.

Through video conferencing, Sibbal informed the double bench that the speaker decided not to continue the proceeding of the assembly court on his suo motto notice initiated under the 10th schedule (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. He pleaded that the high court should stop hearing the writ filed by Babulal Marandi challenging the speaker’s notice served on him.

He, however, said the speaker will carry on the proceeding on the basis of the petitions submitted by a few lawmakers challenging the merger of JVM-P wigh the BJP.

Appearing for Babulal Marandi, his lawyer RN Sahay pointed out that the speaker took suo motto notice and constituted the assembly court to find out whether there was violation of the 10th schedule. Now the speaker wants to drop the proceeding on receiving objections of some legislators.

Sahay pleaded that the court should decide whether the speaker has the right to take suo motto notice against his client.

Also during the hearing on another linked petition filed by the BJP pleading LoP status of Marandi, advocate general Rajiv Ranjan mentioned that the merger of the JVM-P with the BJP took place outside the assembly and pleased that it should be referred to a single bench to hear separately.

The BJP lawyer pointed out that the speaker was deliberately delaying it ignoring the demand of appointing Babulal as the LoP.

The high court had stayed the speaker’s notice last month and fixed January 13 to hear the matter again.

It was deferred to January 14, on Sahay’s appeal allowing his client Babulal Marandi to file a rejoinder.

Earlier, the speaker approached the Supreme Court challenging the high court’s stay order.

The apex court on Tuesday dismissed speaker’s special leave petition and granted him liberty to raise his points before the Jharkhand high court.