The Hindu : Front Page : No court order on Jharkhand MLAs' plea

Online edition of India's National Newspaper
Tuesday, Sep 12, 2006
ePaper

Front Page

Front Page

No court order on Jharkhand MLAs' plea

Legal Correspondent

We will wait for Jharkhand Speaker's decision: apex court judges

PHOTO: PTI

OPEN COURT PROMISED: Jharkhand Assembly Speaker Inder Singh Namdhari (right), who received replies to his show-cause notices on three Independent MLAs, said on Monday he would hold an open court on September 13 to hear them.

New Delhi: The Supreme Court on Monday declined to pass any order on the petitions filed by three Jharkhand MLAs for a direction to restrain Speaker Inder Singh Namdhari from disqualifying them on grounds of defection.

A Bench consisting of Justices K.G. Balakrishnan and D.K. Jain adjourned the proceedings to September 14, saying "we will wait for the Speaker's decision." Chief Minister Arjun Munda is to prove his majority in the House on September 14.

(With the court not passing any order, the Speaker will be free to take any decision on the complaints seeking the disqualification of the MLAs).

To a question from the Bench whether the court could restrain the Speaker from exercising his constitutional function, senior counsel K.K. Venugopal, appearing for Stephen Marandi, one of the petitioners, maintained that it could interfere if the Speaker's decision affected the floor test and tilted the balance in favour of the Chief Minister.

"Notice mala fide"

Counsel said the Speaker's notice to the three MLAs was tainted with mala fides and was manipulated to change the ground situation. As the Speaker's decision of disqualification was irreversible, the court should protect the petitioner and the other two MLAs. He suggested that a direction be issued to the Speaker to maintain status quo and to allow the petitioners to participate in the floor test.

Counsel pointed out that the apex court had in March 2005 restrained the Jharkhand Governor from nominating an Anglo-Indian member to the Assembly to ensure that the nomination did not tilt the balance in favour of a particular faction.

Senior counsel P.P. Rao and Rohinton Nariman appeared for the other two MLAs, Enos Ekka and Kamlesh Singh.

Appearing for the Arjun Munda Government, senior counsel Soli Sorabjee Ashok Desai and Mukul Rohatgi opposed the petition and said the court should not interfere.

Mr. Sorabjee wondered, "How could the Speaker be restrained from taking a decision?"

The petitioners had not even responded to the notice but rushed to the court. "You cannot convert this court into a Speaker's tribunal."

Mr. Desai said, "the petitioners are asking the court to enter into the political arena, which the court should not do."

The Speaker had on September 11issued notice to the MLAs asking why their membership should not be quashed under the anti-defection law.

The petitioners, who earlier resigned from the Ministry, contended that once the Governor ordered the floor test, status quo on the total number of members in the House should be maintained.

Speaker to hold open court

UNI reports from Ranchi

Jharkhand Assembly Speaker Inder Singh Namdhari on Monday said he would hold an open court on September 13 on the anti-defection issue and give a decision only then, if possible. Addressing a press conference here, Mr. Namdhari came down heavily on the critics who doubted his integrity as a Speaker. "The Supreme Court also said the legislators should have replied to the notices," he said, adding the Opposition must have got their reply from the highest court in the country.

As the hearing concluded on Monday, the three MLAs sought more time to appear before the Speaker. However, as the apex court refused to grant an interim stay, the Speaker said by all probability, he would try to give his verdict by September 13 — a day before the crucial floor test for the Arjun Munda Government.

Even if the apex court had taken up the matter, he would not have any problem, he said, adding that he would try to ensure that the floor test was conducted in a fair manner.

No "illegible" MLA should take part in the trial of strength, he said adding that his prime duty was to see to it that such a situation did not come again.

Printer friendly page
Send this article to Friends by E-Mail

Front Page