Assembly Speaker Dinesh Oraon headed Tribunal on Wednesday validated the joining of six legislators elected on the tickets of the JVM during 2014 Assembly polls into BJP. With this the membership of the MLAs namely Randhir Singh, Amar Kumar Bauri, Ganesh Ganjhu, Alok Chaurasia, Janki Prasad Yadav and Navin Jaiswal remains intact in the House.
The Speaker, who had reserved his order on December 12, 2018 after listening to all the parties, read out operative part of his judgment compiled into four sections in a packed court room on the Assembly premise in the afternoon. Interestingly none of the MLAs in question was present there in person.
Oraon arrived right on time with a yellow envelop carrying the order copy and started with thanking all the parties involved into the case for their support in making the court arrive the conclusion as per the facts and provisions of the 10th schedule of the Constitution. The provision is to deal with anti-defection practices prevalent in politics.
“I would read out para-1 of the order here. In the light of my order given on February 12, 2015 as per the provisions of the para 4(2) of the 10th schedule and had permitted the merger of Jharkhand Vikas Morcha-Prajatantrik into the BJP with conditions, I give my assent to the merger,” ordered the Speaker.
He went on reading out the other parts of the brief order saying that different petitions filed by JVM president Babulal Marandi and general secretary Pradeep Yadav before him demanding dismissal of the six members from the House for their anti-party activities have been dismissed in the light of the established Constitutional provisions. Lastly, he directed the Tribunal officials to provide copy of the judgment and detailed order to all the parties.
The order has come after about four-year long hearing started in 2015 when the former JVM legislators opted for the BJP post Assembly polls. This took tally of the ruling party to 43 providing it majority of its own in the House of 81.
Experts are of the view that the order is based on the 10th Schedule of the Constitution which allows at least 2/3 of the MLAs of any party to break away without any bearing on their membership under the anti-defection law. Here the Speaker’s court has validated the rupture of the JVM then as legitimate merger.
“This order does not mean that entire JVM has merged into the BJP but only the sections falling apart. The Act says that 2/3rd members are required for a merger that means 1/3rd may be remaining out of it and thus the original party’s identity would remain intact,” said a senior official of the Assembly.
Following the pronouncement of the judgment lawyers representing the BJP hailed it while JVM expressed its anguish. “This is the order taken against the provisions and previous orders came in similar cases. We would study the full order and see how the Speaker arrived at such a conclusion. Thereafter we would move a petition into the High Court,” said JVM advocate RN Sahay.
Nevertheless, sources are of the view that this move just has reduced to an academic exercise since Assembly polls are less than a year away and there is no chance of the matter getting decided ahead of that. On the other, the Tribunal order would also be moral boosting for the ruling BJP ahead of the elections. It has also ensured status-quo in the State politics which would have otherwise forced reshuffle into the Cabinet.