On December 17th, 2020 the High Court of Jharkhand passed an injunction in a writ challenging the order of The Hon’ble Speaker of Jharkhand. The Chief Minister of Jharkhand was disqualified by the notice issued by the speaker when Babulal Marandi (Chief Minister) Defected his party, Jharkhand Vikas Morch, and shifted to BJP after the elections. The speaker considered this act as a defection under the 10th Schedule of the Indian constitution and disqualified being a member of parliament.
The notice was challenged by the Chief Minister in the HC of Jharkhand. The question before the bench consisting of CJ Ravi Ranjan and Justice Sujit Narayan was, whether the notice issued by the speaker under the 10th schedule is illegal. The court did not go into the merits of the case and held that as the constitution is paramount to any other laws and the importance cannot be given to the Assembly Rules, 2006 of Jharkhand over Constitution and stayed the disqualification order issued by the speaker from holding office in parliament.
Challenging the order of the HC, the speaker approached the Apex court to vacate the stay on his order. But the Bench headed by CJI refused to entertain the matter and rejected the plea of the speaker. Advocate Kapil Sibal representing the speaker contended that the proceedings initiated under the 10th schedule by the speaker within the purview of the law. The court held that the petition has all the liberty to raise any question before the Hon’ble High Court and the HC is competent enough to dispose of the matter. The Supreme Court has directed the petitioner that HC can look into all the writs of such nature and the petitioner was free to raise any objections before the HC and rejected the Special Leave Petition.