New Delhi: The Supreme Court will hear on Monday petitions filed by three Jharkhand MLAs seeking a direction to restrain Speaker Inder Singh Namdhari from disqualifying them on grounds of defection.

A Bench comprising Chief Justice Y. K. Sabharwal and Justice C. K. Thakker fixed the date after counsel K. V. Viswanathan mentioned the filing of the petitions, seeking early hearing.

The MLAs also sought a direction to the Speaker to maintain status quo on the number of members in the Assembly until the Arjun Munda Government proved its majority on the floor of the House. He should be restrained from dealing in any manner with the adjudication proceedings on the pending disqualification applications.

"Life under threat"

The MLAs sought police protection, alleging a threat to their lives. They said they were manhandled pursuant to withdrawal of support to the National Democratic Alliance Government.

The Speaker had issued notice to Enos Ekka, Kamlesh Singh and Stephen Marandi, asking them to explain on September 11 why their membership should not be quashed under the anti-defection law. Apart from Mr. Ekka and Mr. Singh, two other Ministers resigned on Tuesday reducing the Arjun Munda Government to a minority.

On the request of the Chief Minister, the Governor asked him to face a trial of strength on September 14 and in the meanwhile applications were presented to the Speaker seeking the disqualification of these three MLAs.

The petitioners said the notice was vitiated by mala fides and fraud as the anti-defection law was sought to be used for a purpose other than the one for which it was intended.

As per the constitutional mandate once the Governor ordered a floor test, status quo on the total number of members should be maintained. If it was permitted to be altered, the Governor's constitutional directive would be defeated, the petitioners said.

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