S. Chandrashekhar, J. - (1.) AGGRIEVED by publication of party -wise list of members of 4th Jharkhand Vidhan Sabha issued on 24.06.2015 and challenging interim order dated 12.02.2015 passed by the respondent No. 1, issued by the Joint Secretary, Jharkhand Vidhan Sabha, the present writ petition has been filed. There are several other prayers made in the writ petition which would be dealt with at appropriate stage.
(2.) BRIEFLY stated, the facts of the case are that, the petitioner namely, Babu Lal Marandi is Kendriya Adhyaksh of Jharkhand Vikas Morcha (Prajatantrik) which is a recognised political party by the Election Commission of India. In the Assembly Election for the 4th Jharkhand Vidhan Sabha held in the year, 2014, 8 candidates who had contested on the party symbol of Jharkhand Vikas Morcha (Prajatantrik) were declared elected. The Election Commission of India vide letter dated 24.12.2014 intimated the constitution of new Legislative Assembly for the State of Jharkhand. The name of 8 MLAs namely, (i) Randhir Kumar Singh, (ii) Pradip Yadav, (iii) Janki Prasad Yadav, (iv) Ganesh Ganjhu, (v) Amar Kumar Bauri, (vi) Navin Jaiswal, (vii) Prakash Ram and (viii) Alok Kumar Chaurasiya, find place in the list appended to communication dated 24.12.2014 as members of Jharkhand Vikas Morcha (Prajatantrik) [JVM(P)]. It is stated that out of the aforesaid 8 MLAs of JVM(P), 6 of them defected from their original political party and joined Bhartiya Janta Party (BJP). The petitioner made a complaint on 10.02.2015 to the Speaker, Jharkhand Vidhan Sabha for taking action under Tenth Schedule of the Constitution of India. The Hon'ble Speaker -respondent No. 1 took cognizance of the matter and passed interim order dated 12.02.2015 which has been issued under the signature of the Joint Secretary, Jharkhand Vidhan Sabha. On 24.06.2015, a list of MLAs for the 4th Jharkhand Vidhan Sabha has been issued from the Jharkhand Vidhan Sabha Secretariat which contains name of 43 MLAs belonging to BJP and only 2 MLAs have been shown belonging to JVM(P). This appears to have instigated filing of the present writ petition. Mr. R.N. Sahay, the learned Senior Counsel for the petitioner submits that order dated 12.02.2015 is apparently illegal as it has been passed in breach of the statutory provisions and it is contrary to the law laid down by the Hon'ble Supreme Court in "Speaker, Haryana Vidhan Sabha v. Kuldeep Bishnoi", : AIR 2013 SC 120. Referring to paragraph 44 in "Kuldeep Bishnoi" case, the learned Senior Counsel submits that, without taking a decision on the complaints dated 10.02.2015 and 11.02.2015 submitted by the petitioner seeking action against 6 defected MLAs under Tenth Schedule of the Constitution of India, vide order dated 12.02.2015, the Hon'ble Speaker could not have accorded approval for merger of JVM(P) into BJP. It is further contended that by approving the merger of JVM(P), the complaints dated 10.02.2015 and 11.02.2015 have been rendered infructuous. Referring to Article 324 of the Constitution of India, the learned Senior Counsel for the petitioner submits that the list of MLAs published vide letter dated 24.06.2015 is contrary to the list of MLAs constituting the 4th Jharkhand Vidhan Sabha issued by the Election Commission which is the only authority under the Constitution which can deal with preparation of electoral rolls.
(3.) CONSIDERING the issues involved in the writ petition, I am of the opinion that the present writ petition requires hearing.;