The court of Justice Rajesh Shankar of Jharkhand
High Court heard the petition filed in the Speaker's Tribunal's defection case without hearing the testimony and arguments to put the decision on the Judgment. The court heard the side of the petitioner Babulal Marandi and the Speaker of the Jharkhand Legislative Assembly. After this, the court, while accepting the request of the applicant, directed to bring all the facts on record through the petition.
Your point is not recorded in the petition
During the hearing, the court told the applicant that what you are saying is not recorded in your petition. Why are you putting the facts outside the petition in the hearing. On this, the appellant requested the court to allow the addition of all the facts in the petition. The court fixed September 22 for the next hearing of the case.
The former respondent said - the petition is not maintainable
Earlier, on behalf of the Speaker of the Respondent Jharkhand Assembly, Senior Advocate Sanjay Hengde and Advocate Anil Kumar, appearing for the
Supreme Court, told the court that in the defection case of the applicant, the Tribunal has placed on the Judgment. The order of the Tribunal can come in any favor. It can also go in favor of the applicant. Now the matter is premature. The applicant should wait for a while. It was also stated that the petition of the appellant is not maintainable. It should be rejected. On behalf of the applicant, senior advocate Vijay Pratap Singh and advocate Binod Sahu opposed the argument of the respondent.
Rules are not being heard in the tribunal
He told the court that in the hearing of the defection case under the 10th Schedule, the tribunal of the Speaker of the Jharkhand Assembly has put the matter on the judgment without hearing his testimony and arguments. In his case, there is no legal hearing in the tribunal. He urged for an order to give an opportunity of testimony and argument. It was also told that an application was made in the Tribunal on maintainability, but no order has been passed there. It may be mentioned that the writ petition has been filed by the leader of the appellant
BJP Legislature Party Babulal Marandi. It has been said that the matter should be heard soon, they have no objection in this. His testimony and arguments should be heard, after that the tribunal should give its verdict.
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