Speaker disqualifies two Jharkhand MLAs under anti-defection law

Jharkhand Mukti Morcha MLA Lobin Hembrom represents Borio seat whereas BJP legislator J.P. Patel represents Mandu seat

Lobin Hembrom (left) and J.P. Patel have been found guilty of defection under the 10th Schedule of the Constitution. File | Photo Credit: The Hindu

On the eve of the six-day monsoon session, the Jharkhand Assembly Speaker’s Tribunal on Thursday disqualified two legislators under the anti-defection law with effect from July 26, 2024.

Jharkhand Mukti Morcha (JMM) MLA Lobin Hembrom represents the Borio seat in Sahibganj district whereas BJP MLA J.P. Patel represents the Mandu Assembly seat in Ramgarh district.

Both have been found guilty of defection under the 10th Schedule of the Constitution. Speaker Rabindr Nath Mahato gave the verdict and disqualified both legislators from the Assembly.

The hearing on the defection has been going on for the past many days in the tribunal of the Speaker and the order was reserved on July 24.

Both the MLAs had unsuccessfully contested this year’s Lok Sabha election against the wishes of their parties.

Mr. Hembrom contested the Lok Sabha election from the Rajmahal seat against his party candidate Vijay Kumar Hansdak following which JMM president Shibu Soren had suspended him from the party for six years and sought action for defection.

Ahead of the Lok Sabha election, BJP’s Mr. Patel had joined the Congress and contested from the Hazaribagh seat on a Congress ticket against BJP candidate Manish Jaiswal.

Leader of the Opposition Amar Kumar Bauri had complained against him of defection. After hearing the arguments of both sides, the Speaker Tribunal issued the order.

In Mr. Hembrom case, it was said in the Speaker’s tribunal that he contested the election as an independent in 1995 against the party but no action was taken that time and neither he was expelled from the party.

The argument on behalf of Mr. Hembrom said he had been expelled from the party but no notice had been received regarding this, and despite that he had voted in favour of Hemant Soren in the Assembly during the trust vote.

In such a situation, his party believes that he is a JMM MLA. However, after hearing both the parties, the Speaker tribunal disqualified them.

Advocate Vinod Kumar Sahu, who was representing the BJP on the complaint of Mr. Bauri, welcomed the decision.

Advocate Ankitesh Kumar Jha, who was representing on the complaint of Mr. Shibu Soren, said the allegations of defection under the 10th Schedule were found valid.