Jharkhand Assembly speaker Rabindra Nath Mahto on Thursday pleaded at the High Court that he will not proceed further on suo-moto notice to Babulal Marandi attracting the 10th schedule of the Constitution—which deals with defection.
The divisional Bench of Jharkhand High Court comprising Chief Justice, Dr Ravi Ranjan and Justice SN Prasad on hearing the pleas of both the sides fixed the next hearing on January 19. From the Speaker’s side, senior advocate Kapil Sibal was appearing, while from Marandi’s side senior advocate RN Sahay appeared.
Sibal arguing for the Speaker said that the speaker has decided not to proceed further on suo-moto notice to Marandi under the 10th schedule of the Constitution which deals with defection.
Marandi’s counsel RN Sahay pleaded that when a wrong has been detected in rule it should be decided whether it will remain or not; it is the Court that will decide. The hearing began at 2.15 pm and continued till 4 pm, with the Court hearing the arguments of both the parties.
The Court after hearing the arguments of both the parties fixed the next hearing on January 19. Sources said that Jharkhand High Court is likely to pronounce its judgement on January 19 as Speaker's petition to the Supreme Court in this case has been dismissed.
The Supreme Court on Tuesday refused to entertain a special leave petition filed by the Speaker of Jharkhand Assembly challenging the stay order by the Jharkhand High Court on the disqualification notice served on Babulal Marandi.
A bench headed by the Chief Justice of India had said that the bench was not inclined to entertain the plea as the High Court is set to hear the writ petition filed by Marandi.
The Apex Court while disposing of the SLP, also requested the High Court to dispose of the matter 'peremptorily'.
On December 17, last year the high court had stayed the show cause notice served on Marandi for alleged violation of 10th schedule of the constitution till January 13 and has asked the Speaker to not to take any coercive action against him.
Marandi, an MLA from Dhanwar constituency of the State has contended before the High Court that the Assembly Speaker has no jurisdiction to initiate proceedings against him as the merger of his party--Jharkhand Vikas Morcha-Prajatantrik (JVM-P)--into the BJP and his joining the BJP were not at all connected with anti-defection laws.