Jharkhand Speaker Rabindra Nath Mahato has sought legal opinion from the advocate general on JVM(P)'s merger with the BJP, due to which there is a delay in designating Babulal Marandi as the Leader of Opposition, a senior official said on Friday.
BJP MLAs have been disrupting the proceedings of the House on the issue since Saturday last, demanding that Marandi, who was elected the leader of the BJP legislature party recently, be designated as the Leader of Opposition.
"The delay is not due to the Election Commission of India's order. The speaker has asked the advocate general whether a party expelling two MLAs one by one, to make it look like a one-member Legislative Party is legal when all the three won on the symbol of comb," the official said.
The speaker further asked that could the two MLAs become "unattached" following their expulsion from the JVM(P).
"The ECI has ordered on the basis of what happened outside the House as per its jurisdiction and ceased the existence of JVM(P). But inside the House the power lies with the speaker and the 10th Schedule says that the speaker's decision is final with the liberty to the members to approach the court," the official said.
The ECI has recognised the merger of the JVM(P) with the BJP and ordered that Marandi's party cease to exist.
Marandi's JVM(P) was merged with the BJP on February 17. He had expelled MLAs Bandhu Tirkey on January 21 and Pradip Yadav on January 6.
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