The court of Justice Rajesh Shankar of Jharkhand High Court on Thursday heard the argument of BJP leader and former chief minister Babulal Marandi over interlocutory applications filed by Marandi challenging jurisdiction of Jharkhand assembly Speaker to hear case related to split and merger of the JVM under anti-defection case.
The court fixed December 15 as next date of hearing after senior lawyer Manoj Tandan who appeared on behalf of Speaker Ravindra Nath Mahto sought time to file the reply of objections raised by Marandi.
Senior lawyer RN Sahay, who appeared on behalf of Marandi, told the court that in a matter like this related to merger of the JVM in the BJP; the Assembly Speaker has no jurisdiction to set-up the court to initiate any hearing. He also quoted Assembly bylaws.
Notably, the court of Assembly Speaker is set to hear the matter related to legality of the split and merger of the JVM in the BJP on December 17.
In the previous hearing held on November 23; Marandi had sought time to reply to the notice issued by Speaker’s court on the ground that he has already approached High Court in this regard.
In February Marandi returned to the BJP fold, the party he had left 14 years back. He had formed the JVM after quitting the BJP and contested subsequent assembly and parliamentary elections.
In the last assembly election Marandi along with Pradeep Yadav and Bandhu Tirkey were elected as MLA from the JVM fold. Both Yadav and Tirkey were opposed to merger of the JVM in the BJP as they wanted to go with the Congress. Marandi expelled them from the party one by one thus he remained the lone MLA of the party.
Later on, Yadav and Tirkey claimed they represent the original JVM and announced merger of the JVM in the Congress. But the ECI rejected their claim for merger in the Congress and declared them as independent. In the meantime, the BJP declared Marandi as leader of opposition. But the assembly speaker declined to recognize him as leader of opposition while raising question over legality of merger of the JVM in the BJP. The office of the Speaker later on sent them notices. But the Speaker found their reply unsatisfactory and decided to set-up the court for hearing.