Speaker reserves order in MLA defection case

| | Ranchi
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Speaker reserves order in MLA defection case

Thursday, 13 December 2018 | PNS | Ranchi

The Court of Speaker Dinesh Oraon hearing the MLAs defection case since 2015 reserved its judgment after the prosecution JVM responded for the final time on Wednesday. Though the judgment can be pronounced anytime, taking the Winter Session and Budget Session lined up into consideration and also the political implications it could have on the Government of the day, it is expected that the Speaker would call the tribunal for it not before March next year.

JVM lawyer RN Sahay who was provided with an opportunity to reply to the arguments put forth by the defense collectively from Alok Kumar Chaurasia, Ganesh Ganjhu, Amar Kumar Bauri, Randhir Singh, Navin Jaiswal and Janki Prasad Yadav stood by his stated stand.

“I rejected the submissions made by them before the tribunal and questioned their arguments that it was a merger and not defection which we have been saying. I said that the MLAs deliberately quit the JVM to join the BJP against the provisions of the 10th schedule of the Constitution. They referred to the meeting, which was called without following the procedure set for such meetings in the party’s constitution. Any meeting of MLAs cannot decide to merge the party to the other party,” said RN Sahay quoting his final response given before the Court.

Assembly officials observing the case since beginning and privy to the procedures said that normally day’s proceedings are placed in typed form before the Speaker. “He is provided with day’s proceedings and recordings after compilations.

Now he has entire recording before him. Normally any legal expert of his choice would be roped in to help in writing his order which may take time. Soon the Winter Session is going to commence and thereafter Budget Session may also be called in January,” said a senior official. This was also hinted by Speaker Dinesh Oraon, who after the final hearing on Wednesday wished all present well for the Christmas and the New Year. 

Insiders are of the view that outcome of the long drawn case may be interesting along with being delicate for the tribunal. “Since 2019 is the poll year, the order is sure to have political colours.

 If he rules against the six MLAs it would come as a big dent to the ruling BJP and big moral victory for the JVM and entire Opposition. At the same time his own ruling of 2015 recognising the MLAs as of the BJP in the House would also be back of his mind while pronouncing the judgment,” said an official of the Assembly.

The judgment would have serious bearing on the membership of the MLAs if they are adjudged being on the wrong side of the anti-defection law and would be declared disqualified on immediate basis. As per the provisions of the 10th schedule, membership of the legislator under question can go if the Speaker rules that he had defected to other party from his parent party.

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