The anti-defection case of senior BJP leader and Dhanwar MLA, Babulal Marandi under the 10th schedule of Constitution was heard at the Speaker court of Rabindranath Mahto through online mode. Due to the corona pandemic, this is the first time that any anti-defection case was heard at Speaker’s court on online mode.
Marandi’s counsel RN Sahay pleading the case said that he had already filed a preliminary objection in the case as the case pertaining to membership of Marandi is not the jurisdiction of Speaker”s court.
He argued that the ECI order regarding membership of Marandi has already come in favour of him so the Speaker”s court has no power to hear the case.
It may be noted that during the Rajya Sabha poll last year, the ECI validated the merger of JVM the erstwhile party of Marandi with BJP. Based on ECI nod, Marandi voted in Rajya Sabha election in support of BJP candidate and party president Deepak Prakash.
However, Pradeep Yadav and Bandhu Turkey counsel, Sumit Gadodia pleaded that the anti-detection case is of Speaker’s court and not the jurisdiction of ECI.
Former Dhanwar MLA Raj Kumar Yadav who is also one of the party in the case urged the Speaker’s court for early hearing of the case. He argued that Marandi contested the 2019 Assembly election on JVM ticket, but later merged his party with BJP which is against the mandate.
However, responding to the argument made by Yadav, Marandi’s counsel Sahay further said that merger of JVM with BJP was made after the exit of Poreyahat MLA Pradeep Yadav and Mandar MLA Bandhu Tirkey from JVM for anti-party activities. Months after the 2019 Assembly poll, JVM chief Babulal Marandi, having three MLAs, announced to merge his party with BJP. However, two of his MLAs Poreyahat MLA Pradeep Yadav and Mandar MLA Bandhu Tirkey revolted against Marandi’s decision.
Marandi after joining the Saffron party was made BJP legislative party chief and was nominated for leader of opposition chair, but the Speaker court is yet to take any decision on granting LoP status to Marandi. The speaker court taking suo moto cognisance has initiated proceedings against membership of Marandi, which he had challenged in Jharkhand High Court.
At the same time four ruling party MLAs including JMM MLA Bhushan Tirkey, Congress MLA Deepika Pandey Singh and JVM expelled MLAs Pradeep Yadav and Bandhu Tirkey who later joined Congress and Dhanwar former MLA Raj Kumar Yadav, filled a case at Speaker court challenging the membership of Marandi.