Jharkhand Assembly is likely to move the Supreme Court against stay order passed by the double bench of Chief Justice Dr Ravi Ranjan and Justice Sujit Narayan Prasad of Jharkhand High Court in the matter related to hearing of split and merger of the JVM in the BJP under anti-defection law by the court of Speaker Rabindra Nath Mahto.
“Jharkhand High Court order is being studied by legal experts and we are also taking legal opinions. Jharkhand Assembly has decided to challenge the stay order of the high court,” the Speaker told The Pioneer.
The court on December 17 had put a stay on the notice issued by Speaker of Jharkhand assembly Rabindra Nath Mahto to the BJP leader and senior MLA Babulal Marandi under provisions of anti-defection law. Speaker had taken cognizance of the merger process adopted by Marandi as president of the JVM.
The bench ordered stay on the basis of a petition filed by Marandi, in which he had questioned the jurisdiction of the Speaker to issue him the notice suo-moto.
While the bench will hear the case on January 13, well placed sources in the Assembly told The Pioneer that the day stay order was passed the Assembly Speaker had consulted the Attorney general to discuss whether or not the office of Speaker has the right to set-up a court to hear the split and merger case, suo-moto.
Notably, the Speaker had not only conducted the court right after the stay order was issued, he is learnt to have even sent a fresh notice to Marandi.
In the last Assembly election Marandi along with Bandhu Tirkey and Pradeep Kumar Yadav had won the Assembly election. But, both were opposed to the merger of the JVM in the BJP. They were expelled from the party one by one hence Marandi remained claiming as the lone MLA merged the JVM in the BJP in February.
Tirkey and Yadav later on claimed that they represent original JVM and announced merger of the JVM in the Congress