RANCHI: The Jharkhand high court next week will hear arguments on whether the assembly Speaker can ask the main opposition party to suggest an alternative name for the leader of the opposition (LoP), and whether the court is within the rights to direct the Speaker to grant LoP status to a legislator, as suggested by the Opposition party.
The two issues were framed for arguments by the division bench of chief justice Sanjay Mishra and justice Anand Sen while hearing a public interest litigation filed by the advocates’ association over vacant posts in the state information commission, Lokayukta and other statutory bodies.
On Thursday, assembly secretary Sayyad Javed Haider appeared before the bench and apprised it about the ongoing proceedings related to giving LoP status to BJP legislature party leader Babulal Marandi and delay in appointment considering the pending disqualification petition against the latter under the 10th schedule provisions.
The secretary, through a detailed affidavit, also informed the court that the Speaker tribunal was regularly conducting hearings in the anti-defection petition and that a decision over the issue would be taken soon.
Appearing on behalf of the state government, advocate general informed the court that the Speaker had also suggested the BJP to name a different legislator as its leader considering the requirement to make appointment in few statutory bodies where the LoP is on the section panel, but the opposition party has not responded to the plea.
The arguments by the Speaker and the state government were however questioned by the petitioner’s counsel who appealed to the court to direct the Speaker to issue the LoP notification.
“After hearing the arguments, the bench framed the two issues for argument on May 16. The court would decide whether it can issue a writ of Mandamus to the Speaker for appointment notification regarding the LoP. The court would also hear arguments whether the Speaker can suggest the main opposition party to give an alternative name for LoP,” said Navin Kumar, counsel for the petitioner.