Jharkhand HC to next hear JVM-P's plea over MLAs joining BJP on Nov 6

The Jharkhand High Court has heard in part the petition of Jharkhand Vikas Morcha (Prajatantrik) or JVM-P, challenging state Assembly Speaker Dinesh Oraon holding the merger of six of its MLAs into BJP as legal.

After hearing the JVM-P's petition in part on Wednesday, the bench of Justice S N Prasad fixed November 6 for next hearing.

The High Court had on February 20 this year directed to serve notices to the six MLAs after the JVM-P challenged the speaker's ruling that their merger into the BJP was legal.

The petition was filed by JVM-P president Babulal Marandi under the disqualification law of the 10th Schedule of the Constitution.

Notices were served to Land and Revenue Minister Amar Kumar Bauri, Agriculture Minister Randhir Kumar Singh, and MLAs Ganesh Ganju, Naveen Jaiswal, Alok Chourasia and Janki Prasad.

Marandi's counsel R N Sahay had argued that JVM-P had not merged with the BJP as a merger could take place only when a party decides. In this case, six of the eight JVM-P MLAs had decided to merge with the BJP, which was contrary to law, he contended on February 20.

In February 2015, the six MLAs had given a letter to the speaker that they and their party want to merge with the BJP and that they should be allowed to sit alongside the ruling BJP MLAs.

The speaker then said prima facie he found the merger of the MLAs and the JVM-P with the BJP as legal and arranged their sitting arrangements on the treasury benches.

After Marandi petitioned the speaker demanding disqualification of the six MLAs, the speaker held hearings and on February 20 this year ruled that the merger of the six legislators and the JVM-P with the BJP four years ago was legal.

The JVM-P had eight MLAs before the six MLAs announced the merger with the BJP, leading to the legal battle.