The Jharkhand High Court today began hearing a writ petition moved by Jharkhand Vikas Morcha (Prajatantrik) requesting it to restrict six MLAs, who won on its party symbol, from participating in the July 2 Rajya Sabha by-election to one seat.
The bench of Justice S Chandrashekhar heard the petition partly and posted for further hearing tomorrow.
Advocate R N Sahay was representing former chief minister Babulal Marandi's party which filed the writ to restrict the six MLAs from exercising their franchise in the RS bypoll as they left JVM and joined BJP, contending it was contrary to the Tenth Schedule (relating to anti-defection law) of the Constitution.
Briefing reporters on his arguments in the court, Sahay said he contended before the court that the state Assembly Speaker fixed July 3 to hear JVM's petition on the disqualification of the six MLAs.
Jharkhand Speaker Dinesh Oraon was scheduled to hold court on July 3 to hear the petition of anti-defection filed by JVM against the six MLAs for joining BJP after winning the December Assembly elections on JVM ticket before joining BJP on February 11.
JVM's petition to the Speaker argued that joining of the MLAs invited disqualification of House membership under the Tenth Schedule as they won the elections on JVM symbols.
Naveen Jaiswal (Hatia), Amar Kumar Bauri (Chandankiyari), Ganesh Ganju (Simeria), Alok Kumar Chourasia (Daltonganj), Randhir Kumar Singh (Sarath) and Janki Yadav (Barkatha) joined BJP with Bauri and Singh having been inducted in Raghubar Das cabinet.
The Speaker had also earlier announced that the six MLAs would be eligible for voting in the RS elections.
Meanwhile, the Speaker HAD yesterday issued a notification of disqualification of an AJSU party MLA, Kamal Kishore Bhagat, with effect from June 23, following his conviction in a case by a local court.
His disqualification reduced AJSU's strength in the House to four.
However, BJP, including the six MLAs whose disquqlification was sought by JVM, has 43 members and with its NDA ally AJSU, has a total of 47 MLAs in the House.
While BJP has fielded writer-politician M J Akbar, Jharkhand Mukti Morcha nominated its former minister Haji Hussain Ansari for the RS bypoll which has been necessitated following the resignation of K D Singh.
