I.A. No. 3259 of 2016 in W.P.(C) No. 2754 of 2015. Case: Babu Lal Marandi Vs The State of Jharkhand Vidhan Sabha & Anr.. Jharkhand High Court
| Case Number | I.A. No. 3259 of 2016 in W.P.(C) No. 2754 of 2015 |
| Counsel | For Appellant: Ms. R.N. Sahay, Yashvardhan Sahay, Advocates and For Respondents: Ms. Vinod Kumar Sahu, Aditya Raman,Advocates, Mr. Ashok Kumar Singh, Advocate, Mr. Rajiv Ranjan, Sr.Advocate |
| Judges | Ratnaker Bhengra, J. |
| Issue | Right to Information Act |
| Judgement Date | June 04, 2016 |
| Court | Jharkhand High Court |
Judgment:
Heard learned counsel for the petitioner, learned counsel for Jharkhand Vidhan Sabha, learned counsel appearing on behalf of Election Commission of India and learned counsel appearing on behalf of respondent nos. 3 to 8.
However, today this matter has come up after mentioning in Vacation and after being posted for today.
An Interlocutory Application no. 3259 of 2016 has been filed stating therein at paragraph nos. 1 to V that:
i) The urgency which has arisen in view of the recent development by which the Election Commission of India is likely to notify the biannual Elections on 29.5.2016 to fill up the seats of the Council of States (Rajya Sabha) to fill up the two sets from Jharkhand for which Elections are likely to be held on 11 th June, 2016.
ii) That Hon'ble Speaker Jharkhand Vidhan Sabha by his order dated 12.2.2015 has been pleased to hold that the six MLAs respondent nos. 3 to 8 have defected and joined BJP primafacie fulfill the conditions of merger prescribed under Para 4(2) of the tenth schedule of the Constitution of India and therefore permission for the same has been granted. From immediate effect all the six members of Jharkhand Vidhan Sabha would be deemed to be members of Legislative Party of Bhartiya Janta Party. The said order has been passed independent of and divorced to the decision on disqualification of the aforesaid six MLAs which makes the aforesaid order illegal and wholly without jurisdiction. Therefore, the said order dated 12.2.2015 has been challenged by the Writ Petitioner in the instant WP(C) No. 2754 of 2015 (Annexure2) which is pending for adjudication before this Hon'ble Court.
iii) That instant WP(C) no. 2754 of 2015 was heard at length on 30.6.2015 and on 01.7.2015 and vide order dated 01.07.2015 notices were ordered to be issued to the respondents and they were permitted to file counteraffidavit within four weeks.
iv) Despite specific order passed by this Court on 1.7.2015 the respondent nos. 2 and 3 to 8 have not filed their counter affidavits till date although more than nine months have elapsed.
v) That looking to the urgency and non filing of the counter affidavit by the concerned respondents it is humbly stated that the instant case may be heard and disposed of before 29 th May, 2016 so that the right to vote in the ensuing Rajya Sabha Election for which notification are likely to be issued on 29.5.2016 by the Election Commission of India in favour of BJP candidates and the legality of...
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