RAJ KUMAR
Ranchi, Aug.24: A case of defection involving the first chief minister of Jharkhand and present BJP legislature party chief Babulal Marandi and two Congress party MLAs, Bandhu Tirkey and Pradeep Yadav, continued to remain undecided today after hearing in the court of assembly speaker Rabindranath Mahto.
The case arose when Marandi, who contested the election in the capacity of Jharkhand Vikas Morcha (JVM) candidate during the 2019 assembly election, announced the merger of his party with the BJP after expelling Tirkey and Yadav, who were with Marandi and had also contested and won election as JVM candidates.
During the proceedings of the case, Marandi’s counsel challenged the jurisdiction of the speaker to hear the matter saying the Election Commission of India has declared the merger of JVM with the BJP as legal and recognised Marandi as a BJP legislator.
Contrary to this, advocates of Tirkey and Yadav justified the jurisdiction of the assembly speaker saying it was a case of defection and thus the speaker has every right to hear the matter and pass appropriate order in the matter. They, while justifying the jurisdiction of the speaker, challenged the jurisdiction of the Election Commission of India in such matters.
The matter was brought to the notice of the speaker by former MLA Raj Kumar Yadav and two sitting MLAs, Bhushan Tirkey (JMM) and Deepika Pandey (Congress). They urged the speaker to pass an order in the case as early as possible. Former MLA Yadav underlining the gravity of the case said Marandi has joined the BJP after contesting the election as a JVM candidate and thus disrespected the mandate.
The Speaker, after hearing the argument of both sides, adjourned the case without giving any due date.
Presently the house has recognised Marandi, Tirkey and Yadav as independent MLAs. This is the reason Marandi has not been given a seat with the BJP though he is BJP legislature party chief. Tirkey and Yadav too are not regarded as Congress party MLAs and given time to speak in the house in the capacity of independent MLAs.
EoM
