HC orders interim stay on Speaker's action against Marandi under anti-defection law

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Ranchi, Dec 17 (PTI) The Jharkhand High Court on Thursday ordered stay on action by the Legislative Assembly Speaker against former chief minister Babulal Marandi under anti- defection law till January 13 next year.

A division bench of Chief Justice Ravi Ranjan and Justice S N Prasad issued notices to the Speaker and the state government asking them to present their views on the matter during the next date of hearing on January 13, 2021.

Marandi was elected leader of the BJP Legislature Party and due to this he should have got the status of leader of opposition in the assembly.

But, assembly Speaker Ravindra Nath Mahato, taking cognisance of the merger of Marandis faction of the Jharkhand Vikas Morcha (JVM) with the BJP, issued a notice against him under the anti-defection law.

Marandi has challenged this notice.

Marandi has claimed that the Speaker doesn't have the power to take suo motu action under the anti-defection law and he can act in this concern only on receiving a complaint.

However, the state government has argued that the Speaker has such power.

A BJP support Biranchi Narayan has also filed a petition seeking recognisation of Marandi as leader of the opposition in the assembly.

The bench Thursday posted both the writs for further hearing on the next date. PTI IKD SNS SNS