A bench headed by Chief Justice, SA Bobde and justices AS Bopanna and V. Ramasubramanian has refused to entertain a special leave petition challenging the stay order passed by the High Court of Jharkhand. The plea was filed by the Speaker of Jharkhand assembly challenging the disqualification notice served on Babulal Marandi. The notice issued for defection by a legislator by the Speaker of the assembly was already challenged by the petitioner in High Court.
Senior Advocate Kapil Sibal, who is appearing for the Speaker had submitted that a writ petition challenging a notice is not maintainable. The bench asserted that since the matter is listed before the High Court, they are not inclined to entertain the special leave petition. The court also requested the High Court to dispose of the matter peremptorily. The bench also held that the petitioner is at liberty to approach the High Court and raise all questions including the tenability of writ petitions of such nature. The Jharkhand assembly speaker Ravindra Nath Mahto issued a show-cause notice to Marandi, Yadav, and Tirkey to question the merger claims under the Tenth Schedule of the Constitution. The confusion has persisted since February 2020 when Marandi joined the BJP, but the other two MLAs refused to come along and had joined the Congress Party. The two MLAs have claimed that JVM had joined the Congress Party whereas Marandi claims that the party has merged with BJP.