Speaker reserves verdict on suspended MLA’s disqualification

Vijay Deo Jha Ranchi Thursday, November 13, 2008

On Wednesday, the Speaker of Assembly, Alamgir Alam, reserved the order on the disqualification of suspended BJP MLA Pradeep Yadav, after hearing arguments of petitioner and defendent.

Seeking disqualification of Yadav from the membership of the Assembly, the leader of Opposition in the Assembly Arjun Munda had a filed petition to the Speaker contending that the MLA violated 10th Schedule of the Constitution.

Presenting the case through his counsels; Munda alleged that Yadav joined the delegation of Jharkhand Vikash Morcha led by Babulal Marandi and met with the Governor during the political crisis in Jharkhand- a ground sufficient for his disqualification.

Adding further Munda said that in past Yadav shared dais with Marandi and campaigned against BJP candidates during a couple of by-elections in Jharkhand.In its original petition Munda had also cited instances when the suspended party MLA campaigned against BJP candidate during some of the by-elections in Jharkhand.

Dismissing the contention raised by the petitioner, the counsel of Yadav said that Yadav in no way flouted the party line by joining JVM delegation and demanding President's rule in the State. The reason he stated that since BJP delegation also raised same demand. About the association of Yadav the counsels explained: “My client never said that he is no more a member of BJP, ‘technically’, he is still a member and there is no proof to suggest that he has joined JVM.”

Contending further the defense lawyer said that the newspaper reports could not form the basis to pronounce judgment. The Speaker asked both the parties to submit the supporting materials if they have any.Later on talking to the media Yadav said, “Munda is trying to save JMM Government by seeking disqualifications of the MLAs who opposed the installation of Shibu Soren as Chief Minister… he wants JMM to complete its full term and he choose the best occasion and method to weaken the opposition by seeking our disqualification.”

Although Yadav accepted his association with Marandi and said, “I had been with Marandi and would remain with him…I repeat this again. I will fight the next election together with JVM.” Munda who declined to comment over the proceeding terming the matter as sub-judice however said: “We have urged the Speaker to take decision based on his conscience and available facts which are self explanatory. The Speaker should take the decision under the light of 10th Schedule of the Constitution and the letter and spirit of the Anti Defection Law must be honoured.” On the sideline of the hearing media men asked the Speaker whether he would entertain the reports of the newspaper submitted by BJP as evidence against Yadav.

Alam said that he would minutely study such news items before writing a final judgment. In the context of the decision taken by the Speaker of Hariyan State Assembly where in a suo-moto decision the Speaker disqualified an MLA for joining a delegation of other party- the media men asked Alam whether he found any similarity in both the cases.