Jharkhand HC dismisses BJP's Marandi’s petition, alleges Assembly Speaker of not hearing his side

The court, while passing the order on Tuesday, said that judicial interference is not appropriate at this point in time.
Jharkhand High Court (Photo| Special Arrangement)
Jharkhand High Court (Photo| Special Arrangement)

RANCHI: The Jharkhand High Court has dismissed the petition filed by BJP legislator party leader Babulal Marandi, alleging Assembly Speaker Rabindra Nath Mahato of not giving him an opportunity to defend himself while hearing a case pertaining to defection charges against him. Notably, a hearing by the Assembly tribunal has been completed and Marandi has knocked on the doors of Jharkhand HC, alleging the Speaker of not hearing his side properly and demanding a stay on the Speaker’s verdict.

The court of Justice Rajesh Shankar, after hearing both sides on January 5, had kept the order reserved. The court, while passing the order on Tuesday, said that judicial interference is not appropriate at this point in time. “While rejecting the petition, the court observed that since the case is still pending in the Speaker’s tribunal, judicial interference will not be appropriate at this point in time,” said Babulal’s Counsel Binod Sahu.

Marandi’s plea to examine witnesses to prove that Jharkhand Vikas Morcha (Prajatantrik) was lawfully merged with the BJP under provisions laid down in the anti-defection law was turned down by the court. The complaint was filed against Marandi in December 2020 after he merged JVM (P) with BJP on February 17, 2020.

This was after suspending his two party legislators, Pradeep Yadav and Bandhu Tirkey who later joined the Congress party claiming that they were originally JVM (P). Union Home Minister Amit Shah was unanimously elected as BJP legislative party leader at that time.

The speaker initiated proceedings against Marandi suo-moto under the anti-defection law following complaints filed by former CPI (ML) legislator, Rajkumar Yadav, JMM legislator Bhushan Tirkey, Congress legislator Dipika Pandey and former JVM (P) legislator Pradeep Yadav.

Meanwhile, Marandi’s membership has been kept under suspense in the Assembly by Speaker Rabindra Nath Mahato by not announcing his name as leader of the Opposition even after being elected as BJP legislative party leader. 

The Speaker, so far, has kept Marandi’s name for leader of the Opposition on hold, in the light of the two expelled MLAs Pradeep Yadav and Bandhu Tirkey claiming that it is they who merged JVM (P) with Congress and not Marandi, who joined BJP in his individual capacity.

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