Fear of a few MlAs crossing the floor during the trust vote on July 18 has brought the two political foes—BJP and the JVM-together on backing Speaker CP Singh's stand not to quit with the change in government, at least till the floor test. This has added a new twist to the continuing political drama in the State.
"There is no legal or constitutional binding to do so (quit) on Singh," leaders of both the parties said. The State unit of the BJP, in fact, held a meeting at the party headquarters and decided to support Singh's stand. Senior BJP leaders, including Arjun Munda attended the meeting.
BJP State president Ravindra Rai said the ruling combine should not doubt the credentials of Singh if it enjoys the support of 43 MlAs. "What can a Speaker do if all the 43 MlAs say ayes to the trust motionIJ" he asked. "Besides, we also want to expose some faces during the vote," he added.
Senior BJP leader Saryu Roy said the party had left it to the discretion of the Speaker to take a decision in this regard. "He should abide by the Constitution and set a standard while discharging his duty," he added.
Roy pointed out that there were a number of instances in the past when the incumbent Speaker did not resign with the change of government. He cited the example of Inder Singh Namdhari, who continued as Speaker in 2003 after Arjun Munda replaced Babulal Marandi. "In fact, Namdhari had turned a rebel and staked claim to chief ministership," he recalled.
Namdhari, however, had to quit as Speaker after Madhu Koda replaced Arjun Munda in September 2006.
Giving another example, he said that Ravi Ray continued as lok Sabha Speaker even after Chandrashekhar had replaced VP Singh as Prime Minister in November 1990.
"More recently, CPM leader Somnath Chatterjee continued even as the left withdrew support from the Manmohan Singh government on US nuclear deal in 2008," he pointed out.
The Constitution is clear on it. Article 179 says the post of the Speaker can remain vacant in three conditions only. First, he shall vacate his office if he ceases to be a member of the Assembly; second, he resigns his office; and third, he may be removed from office by a resolution of the Assembly passed by a majority, provided that no resolution for it will be moved unless at least 14 days' notice has been given.
Echoing the BJP, JVM legislature party leader Pradeep Yadav said the Speaker is apparently aware of the fact that Hemant Soren does not enjoy the majority. "The government wants to face the trust vote in the House presided over by a pro tem Speaker because it wants to indulge in some malpractices," he maintained.
Barbs apart, both the parties fear that there are some disgruntled MlAs who could cross floor during voting. "If Singh continues to be in the Chair, he may move to disqualify such errant MlAs during the 14 days' stay in the Chair, the timeframe needed to serve notice and express no confidence in him," said a senior BJP leader.
"Also, according to the latest judgment of Supreme Court, there is no need for a member of the House to petition the Speaker for disqualification of the elected representative under the anti-defection law. Anyone can move the Speaker seeking disqualification of the MlAs defying the party's whip or switching loyalty. It may apply to the two JD (U) MlAs if they abstain from the House," he added.
"Significantly, the Independent legislators too want that Singh should continue so that they retain their bargaining power," said a source.
BJP, JVM back Speaker's stand to keep flock intact Singh also reiterated his stand. "I will act according to the provisions of the Constitution. Nobody can dictate terms to me," he told The Pioneer and added that the ruling combine was unnecessarily creating doubt over it.
"The Speaker does not represent any political party and in the discharge of his duties and functions, he does not owe allegiance to any political party and does not support any party," he pointed out.
A senior Assembly official, however, said that under parliamentary tradition, it is expected that the House reposes faith in the Chair. "Since, one of the political partners. i.e. the BJP which elected Singh as the Speaker is in the Opposition, the fear of partisanship is quite natural on the part of the ruling combine," he added.
The Congress and JMM leaders, in the meantime, continued their efforts to persuade Singh to tender his resignation. They also remained in touch with the MlAs from the opposition camps.
A JMM core committee member said that the party would wait till the Jharkhand High Court decision on Nalin Soren, when it takes up the PIl, registered suo motu against him, on July 16. The Home Secretary as well as the DGP have to reply how Soren could move freely even as a warrant was pending against him. "Similarly, we are persuading Sita to submit to the process of law," he said and hoped that the Speaker would quit on July 17.