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Home Jharkhand

Anti-defection: Jharkhand High Court can’t interfere in Assembly business, says Kapil Sibal  

Lagatar News by Lagatar News
July 25, 2023
in Jharkhand, National & International
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RAJ KUMAR

 

Ranchi, July 25:  The Jharkhand assembly secretariat filed its reply on two points sought by the Jharkhand High Court on July 14 while hearing a PIL involving the appointment of the leader of the opposition to pave a path for the appointment of Lokayukta and chief information commissioner.

The two points on which the high court sought a reply included whether the issue of the leader of the opposition can be decided during the pendency of a case of defection before the assembly and whether the high court can direct the assembly speaker to appoint the leader of the opposition.

On which the assembly secretary through an affidavit submitted that the issue of the leader of the opposition cannot be decided during the pendency of the case of defection before the assembly and the high court cannot direct the assembly speaker to appoint the leader of the opposition.

Later, the hearing also took place on the matter before the court.

During the hearing, Supreme Court lawyer Kapil Sibal appearing on behalf of the assembly clarified that the high court has no right to interfere in the business of the assembly. Replying to why the leader of the opposition has not been appointed in the assembly, Sibal passed the buck on the BJP saying the party has not given the name of any party legislature who had contested and won the assembly seat as a BJP candidate. As far as Babulal is concerned, Sibal said, he contested and won the election as a JVM candidate.

BJP advocate Kumar Harsh contradicted Sibal saying it is the prerogative of political parties to choose its legislature party leader and the BJP has chosen Marandi for the same.

Advocate General Rajeev Ranjan submitted that the government will soon take a decision in the matter of appointment of Lokayukta and chief information commissioner (CIC).

One Raj Kumar had filed a PIL saying the matter of appointment to various constitutional posts has been pending since 2020. The state government had published an advertisement for the appointment of information commissioners but despite that information commissioners could not be appointed so far. According to him, around 4000 cases are pending before the information commission and due to absence of Lokayukta there is no one to hear the case of corruption involving senior government officials. Abhay Mishra and B.P.Singh represented Kumar in the high court.

The next hearing in the case will take place on August 30.

 

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