The Jharkhand High Court on Tuesday lifted the stay on Speaker's action against BJP legislative party leader Babulal Marandi Marandi in the case related to the latter’s joining the BJP after Assembly polls. Now Speaker in Jharkhand Assembly, Ravindra Nath Mahto can take action in this matter. The HC gave this direction on the petition of BJP MLA Biranchi Narayan. Narayan had approached the Court seeking the status of Leader of Opposition to Marandi.
This hearing was held in the court of Chief Justice Dr Ravi Ranjan and Justice SN Prasad. During the last hearing, on behalf of the Speaker of the Assembly, Senior Advocate Kapil Sibal had told the Court that he would not take any further processing in the notice issued against Marandi after taking suo motu cognizance.
In this case, from the State Government’s side Advocate Rajeev Ranjan and Advocate Piyush Chitresh presented the arguments before the Court, while Advocate Akashdeep presented arguments from the Election Commission’s side and Advocated RN Sahay presented arguments from Marandi’s side.
The petition filed by Bokaro BJP MLA, Biranchi Narayan seeking to make Marandi as Leader of Opposition in Jharkhand Assembly was also heard in the Court. Earlier, the Speaker of the Assembly had issued a notice of defection, taking suo-moto cognizance of the Tenth Schedule. The matter has been challenged in the High Court by Babulal Marandi.
Marandi joined the BJP after merging Jharkhand Vikas Morcha into the BJP after 2019 Assembly polls and the Speaker in the Assembly took notice against him, taking suo motu basis on the alleged defection. Marandi went to the High Court pleading that the Speaker does not have the right to issue notice by taking suo motu cognizance. On this, the High Court had stayed the notice issued by the Speaker in this case. Now the Court has removed this ban.