The Supreme Court on Tuesday refused to entertain a special leave petition filed by the Speaker of Jharkhand assembly challenging the the stay ordered by the Jharkhand High Court on the disqualification notice served on Babulal Marandi MLA.
A bench headed by the Chief Justice of India said that the bench was not inclined to entertain the plea as the High Court is set to hear the writ petition filed by Marandi tomorrow.
Senior Advocate Kapil Sibal, appearing for the Speaker, submitted that a writ petition challenging a notice issued by the Speaker to initiate proceedings under the tenth schedule of the Constitution for defection by a legislator is not maintainable.
The CJI told Sibal that the point can be raised before the High Court.
While disposing of the SLP, the bench requested the High Court to dispose of the matter 'peremptorily'.
"The petitioner(s) is at liberty to raise all questions including the tenability of writ petition(s) of this nature before the High Court", stated the order passed by the bench which included Justices AS Bopanna and V Ramasubramanian as well.
The notice was served on Marandi saying that the merger of his party Jharkhand Vikas Morcha (Prajatantrik) with the BJP amounted to defection. Marandi's JVM had won three seats in the 2019 assembly elections, and he merged his political party with the BJP on February 17, 2020. Two other MLAs of JVM were dismissed for anti-party activities.
The High Court issued the stay order on December 17 and posed the writ petition challenging the Speaker's notice for hearing on January 13, 2021.