The court of Jharkhand Assembly speaker Rabindra Nath Mahto started hearing arguments in the alleged defection of three Jharkhand Vikas Morcha (JVM) MLAs here on Monday. The case is of split and merger of the JVM under the anti defection law. Former CPI (ML), legislator from Dhanwar, Raj Kumar Yadav has filed a petition against Babulal Marandi challenging the merger of JVM with BJP under the 10th schedule of the Constitution.
Yadav petitioning his case at Speaker Court said, “Babaulal Marandi winning the election on JVM’s ticket and later joining BJP is fit case of anti defection law under the 10th schedule of Constitution. Three legislators Babulal Marandi, Pradeep Yadav from Poreyahat and Bandhu Tirkey from Mandar won the election on JVM’s ticket but later Marnadi without any consultation with any of his legislators joined BJP and announced the merger of his party.”
Yadav said that merger without two third of legislators amounts to violation of 10th schedule of the Constitution. “Also Marandi has cheated the people of his constituency, as he contented the election against BJP candidate, but later joined BJP, which amounts to betraying the mandate and is fit case for violation of the 10th schedule.”
Yadav had contested the election from Dhanwar against Marandi in 2019, but lost to Babulal then JVM candidate. Yadav said that the Speaker’s court heard the arguments made by him. Meanwhile, Marandi’s counsel RN Sahay pleaded to the court that he will place his written arguments at the court.
The JVM (P) witnessed a split after the 2019 Assembly polls when party chief Marandi decided to return to the BJP after the State poll results and merged his party with BJP in February after adopting a resolution at the party’s national convention.
The BJP named Marandi as its legislature party leader. However, the Speaker is yet to grant him the status of Leader of the Opposition (LoP).
Yadav and Tirkey, who were suspended from JVM (P) before the party’s national convention had convened a meeting of their supporters and merged their group with the Congress.
Apart from Speaker’s court the anti defection case of Marandi and other two legislators is also pending at Jharkhand High Court. A division bench of chief justice Dr Ravi Ranjan and Justice Sujit Narayan Prasad has fixed March 2 to decide the case.
The bench also fixed March 2 to hear the petition filed by the State BJP unit through its chief whip Biranchi Narayan seeking judicial order to the Speaker to officially designate Marandi as the leader of opposition in the State.