The High Court of Jharkhand on Tuesday dismissed a petition filed by BJP leader and former chief minister Babulal Marandi challenging the anti-defection proceedings against him by Speaker Rabindra Nath Mahto.
Marandi has alleged in his petition that the Speaker along with Congress MLA Deepika Pandey Singh has connived to start the proceedings against him.
Justice Rajesh Shankar dismissed the petition observing that the office of the Speaker is an independent authority and beyond the scope of judicial pronouncements at this stage.
The defection charges had been filed against Marandi by MLAs of various parties in December 2020 after he merged his Jharkhand Vikas Morcha (Prajatantrik) party with the saffron party in February of that year. He was also elected as the BJP legislative party leader.
The Speaker, who had initiated proceedings under the anti-defection law suo motu, completed the hearing in August 2022 and reserved the judgment.
Mahto in May 2020 had rejected Marandi's plea to dismiss defection charges against him and cancel proceedings under the anti-defection law on the ground that they were filed late.
The tribunal headed by the Speaker had turned down the plea of Marandi's counsel to examine witnesses to prove that JVM(P) was lawfully merged with the BJP.
Marandi's counsel R N Sahay had said that the petitions against his client were not maintainable as they were filed 10 months after the merger of the JVM(P) with the saffron party.
In the Representation of People's Act, there is a limitation of 45 days, he had said.
Published 24 January 2023, 11:02 IST