The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3654 of 2020 ---- Bhartiya Janata Party through (Main Opposition Party) sri Biranchi Narayan, aged about 49 years, son of Sri Sadanand Prasad, resident of 33A, Sonatand, P.O.- G.P.O., P.S. Bokaro Steel City, District-Bokaro, also present MLA from Bokaro Constituency & Member of Bhartiya Janata Party Legislative Party, in 5th Jharkhand Vidhan Sabha. its Chief Whip … … Petitioner Versus 1.The Hon’ble Speaker, 5th Jharkhand Vidhan Sabha, Secretariat, Jharkhand Vidhan Sabha, Ranchi, P.O. & P.S.- Jagarnathpur, District-Ranchi, State-Jharkhand. 2.Election Commission of through Secretary, Nirvachan Sadan, Ashoka Road, P.O., P.S. & District-New Delhi. 3.Secretary, Secretariat, Jharkhand Vidhan Sabha, P.O. & P.S.-Jagarnatpur, District- Ranchi. Jharkhand Vidhan … … Respondents Sabha India, with W.P. (C) No. 3687 of 2020 ---- Babulal Marandi, aged about 62 years, S/o-Late Chhotu Marandi, at present Leader of the Bhartiya Janta Party Legislative Party in Jharkhand Vidhan Sabha, R/o-Morabadi, PO-Morabadi & PS-Bariyatu, District-Ranchi (Jharkhand) … Petitioner Versus 1.Speaker, Jharkhand Vidhan Sabha, Jharkhand Vidhan (New), at Dhurwa, PO-Dhurwa, PS- Sabha Bhawan Jagannathpur, District-Ranchi (Jharkhand), Pin Code- 834004. 2.Election Commission of India, represented through its Secretary, Nirvachan Sadan, Ashoka Road, P.O. & P.S.- Ashoka Road, New Delhi, District-New Delhi-110001. 3.The Secretary, Jharkhand Vidhan Sabha Secretariat, Jharkhand Vidhan Sabha. … … Respondents -------
Legal Reasoning
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE ARUN KUMAR RAI For the Petitioner For Res. -JVS For the ECI ------ : Mr. Mr. R.N. Sahay, Sr. Advocate Mr. Yashvardhan, Advocate Mr. Kumar Harsh, Advocate : Mr. Anil Kumar, SC (JVS) : Mr. Rajeev Sinha, Advocate Ms. Richa Sanchita, Advocate - 1 - Order No. 05 : Dated 12th August, 2024 Sujit Narayan Prasad, ACJ: -------- 1. W.P. (C) No. 3654 of 2020 has been filed for the following reliefs: (i).For an appropriate writ(s), order(s) and/or direction(s), for quashing the Letter no. 544(O) dated 18.08.2020 (Ann-13) issued by the Respondent No. 1; (ii).For an appropriate writ(s), order(s) and/or direction(s), for quashing the Letter No. 731(O) dated 02.11.2020 (Ann-15) is- sued by the Respondent No. 1 and for quashing the purported proceedings initiated thereunder; (iii) For an appropriate writ(s), order(s) and/or direction(s) directing the Respondent no. 1 to appoint Shri Babulal Marandi as the Leader of Opposition of the 5th Jharkhand Vidhan Sabha; or, in the alternative, (iv).For an appropriate writ(s), order(s) and/or direction(s) di- recting the Respondent no. 1 to decide the representations requesting the Respondent no. 1 to appoint Shri Babulal Marandi as the Leader of Opposition of the 5th Jharkhand Vidhan Sabha, within a reasonable period of time. (v) Interim prayers in terms of prayers (i) to (iv) above; 2. W.P. (C) No. 3687 of 2020 has been filed for the following reliefs: - 2 - a) To quash and set aside the Notice dated 18.08.2020 (Annexure-8) whereby and where under Respondent No.1, the Hon’ble Speaker Jharkhand Vidhan Sabha is of the decision that the subject is affected by Tenth Schedule of the Constitution of India and therefore has required the petitioner to produce evidences before the undersigned under the provisions of Tenth Schedule of the Constitution of India on 17.09.2020 by 01:00PM. b) Further be pleased to hold that the Impugned Notice dated 18.08.2020 (Annexure-8) issued by the Speaker, Jharkhand Vidhan Sabha is wholly without Jurisdiction in view of the decision dated 06.03.2020 by the Election Commission of India, a Constitutional Authority, which is satisfied that JVM(P) has merged with the BJP, a National Party. c) Further be pleased to hold that the Speaker has no Jurisdiction to decide merger under Tenth Schedule of the Constitution of India. d) Further be pleased to stay the operation of Impugned Notice vide Letter No. 544 (0) dated 18.08.2020 (Annexure-8) during the pendency of the instant Writ Petition. e) Pass such other order(s) as may deem fit and proper in the facts and circumstances of the case and in the interest of Justice. f) To hold and declare Sub Rule 1 of Rule-6 of the Jharkhand Vidhan Sabha Sadasya (Dal Parivartan ke Aadhar par Nirharta) Rules, 2006 (3rd Edition, 2019) (vide Annexure-14) - 3 - as ultra vires or read down the same (to the extent of its repugnance with the Tenth Schedule), whereby and where under Hon’ble Speaker is empowered to acquire suo-moto jurisdiction in a purported Defection matter incurred by a member of Legislative Assembly under Tenth Schedule to the Constitution, which amounts to enlarging the content and amplitude of relevant constitutional provision, thereby in complete violation of Sub Para-1 of Para-6 of the Tenth Schedule which mandates that a question of disqualification shall be "referred" to the Speaker for decision and Sub Para-1 (d) of Para-8 which empowers the Speaker to make procedure for deciding any question "referred" to in Sub Para-1 of Para- g) Further be pleased to quash and set-aside the Letter No. 731(0) dated 02.11.2020 (Annexure-13) issued by the Hon’ble Speaker, Jharkhand Vidhan Sabha, Ranchi instituting Case No. 01/2020 under Tenth Schedule against the petitioner by taking suo-moto cognizance as the same is ultra vires. h) Further be pleased to stay the operation of Letter No. 731(0) dated 02.11.2020 (Annexure-13) issued by the Hon’ble Speaker, Jharkhand Vidhan Sabha, Ranchi instituting Case No. 01/2020 under Tenth Schedule against the petitioner by taking suo-moto cognizance during lis-pendens. 3. At the outset, Mr. Anil Kumar, learned Standing counsel appearing for the Jharkhand Vidhan Sabha has placed a copy of notification showing the appointment of leader of opposition. He has served the copy of the same upon Mr. R.N. - 4 - Sahay, learned senior counsel for the petitioner in W.P.(C) No. 3687 of 2020 and Mr. Kumar Harsh, learned counsel for the petitioner in W.P.(C) No. 3654 of 2020. 4. This Court has perused the copy of notification and found that one of the issues, which pertains to appointment of Leader of Opposition (LoP), has been redressed since appointment of leader of opposition has been made by virtue of said notification. 5. So far as the issue of validity of rule framed by the Jharkhand Vidhan Sabha through Speaker by inserting the word ‘suo-moto’ under the provision of Sub-Rule (1) pf Rule 6 of the Jharkhand Vidhan Sabha Sadasya (Dal Parivartan ke Aadhar par Nirharta) Rules, 2006 is concerned, Mr. Anil Kumar, learned Standing Counsel appearing for the Jharkhand Vidhan Sabha, has submitted that it has been recalled by amending Rule 6 and to that effect the copy of amended rule has been handed over to learned counsel for the petitioners. 6. Both the learned counsel have jointly submitted that the grievance which was the subject matter of both the writ
Decision
petitions stand redressed, as such the writ petitions rendered infructuous. 7. Accordingly, both the writ petition stands disposed of being infructuous. - 5 - 8. Pending Interlocutory Applications, if any, stand disposed of. (Sujit Narayan Prasad, A.C.J.) (Arun Kumar Rai, J.) Alankar/ NAFR - 6 -