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This is an archive article published on January 7, 2015

Patna High Court reverses Bihar Speaker order, reinstates four JD (U) legislators

The HC on Tuesday reversed the Speaker's order saying 10 Schedule had not been applicable in case of these MLAs.

The Patna High Court on Tuesday reversed Bihar Assembly Speaker’s order and reinstated the Assembly membership of four JD(U) legislators with immediate effect.

On November 1, Speaker Uday Narayan Choudhary had terminated Assembly membership of Gyanendra Singh Gyanu, Ravindra Rai, Neeraj Kumar Singh Bablu and Rahul Sharma for going against party line during the recent Rajya Sabha bypolls, in which the JD(U) had won all three seats with support of the RJD.

Eighteen JD(U) MLAs, including these four, had voted against two of the three party candidates. They had contended that cross-voting did not amount to violation of the provisions of Schedule 10 of the Constitution that deals with disqualification on ground of defection. The High Court reversed the Speaker’s order saying Schedule 10 of the Constitution was not applicable in the case of these MLAs as JD(U) had no right to issue whip during the Rajya Sabha elections.

Ravindra Rai hailed the verdict saying it vindicated their stand and upheld their right of freedom of expression. “The JD (U) top leadership stood exposed now. We will now enter the Assembly,” said Rai. The High Court order has given boost to four other JD(U) leaders — Poonam Devi, Suresh Chanchal, Ajit Kumar and Raju Singh — who had lost their Assembly membership on similar grounds.

Santosh Singh is a Senior Assistant Editor with The Indian Express since June 2008. He covers Bihar with main focus on politics, society and governance. Investigative and explanatory stories are also his forte. Singh has 25 years of experience in print journalism covering Bihar, Delhi, Madhya Pradesh and Karnataka.   ... Read More

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