A recent order of Vice President and Rajya Sabha Chairperson M Venkaiah Naidu given in the anti-defection case related to two ex-JD-U MPs from Bihar—Sharad Yadav and Ali Anwar— on Friday found its reference before the Speaker’s court hearing a similar case since 2015.
Advocate representing the JVM which saw six of its eight elected MLAs crossing over to the BJP soon after Assembly polls read out the judgment given on December 4, disqualifying the Rajya Sabha members from the Upper House.
“I read out the order of the Rajya Sabha Chairperson before the Speaker and also handed over the copy of it to him. My intention was to inform the Tribunal the manner in which the case was settled within three months time in the Rajya Sabha. I have not made it part of the proceeding but found it just to quote the order and the comments made,” said RN Sahay, the JVM Counsel.
The Vice President while delivering the order had stressed the matters relating to defections should be settled within three months time. “… I am of the considered opinion that, such petitions which go to the root of the democratic functioning and which raise the question, whether a particular legislator (lawmaker) is entitled to sit in the Legislature or not, should not be kept pending and dragged on by the Presiding Officers, with a view to save the membership of the persons, who have otherwise incurred disqualification or even to save the Government, which enjoys majority only because of such type of persons.
I am of the view that, all such petitions should be decided by the Presiding Officers within a period of around three months, of course, by giving an opportunity, as per law, to the concerned Members against whom there are allegations, which lead to their disqualification under the Tenth Schedule to the Constitution of India….,” reads a section of the judgment.
“The order holds relevance in this case where over two years have passed. The defence argued that the VP order is not binding. Their intent is clear as despite the Speaker cutting down list of the witnesses and directing for their quick testimonies, they presented just one witness representing Alok Chaurasia,” said the lawyer.
However Speaker Dinesh Oraon while fixing next date as December 22 said for producing at least six out of remaining 12 then. “Advocates from the MLAs’ side urged the Tribunal to recall its previous order cutting down long list of the witnesses presented. To this the Speaker said that first present six witnesses,” said an official of the Assembly.