The plea filed by Speaker of Jharkhand against the HC order, rejected by the Supreme Court

Background

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.

Issue before the High Court

Whether the notice issued by the speaker under the 10th schedule is illegal.

Present Matter

The High 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.

Observation made by the CJI

The Bench headed by CJI refused to entertain the matter and rejected the matter as

1. 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.

2. 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.

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