THE JHARKHAND STORY NETWORK
Ranchi, Jan. 3: Amidst growing political uncertainty in Jharkhand, BJP state president Babulal Marandi today off a letter to Governor CP Radhakrishnan to stop a non-MLA from taking oath as chief minister in case present incumbent Hemant Soren resigns.
“Following the resignation of JMM MLA Sarfaraz Ahmad, it is being speculated that Hemant Soren, pushed to the wall by the ED knocks, may resign and a non-MLA (read Kalpana Soren) will be elected as leader of the JMM legislative party and, in turn, would be the leader of the Alliance, and he/she shall present his claim to form the government,” he has pointed out.
Unlawful claim
“The same claim, if made by a non-MLA to become the chief minister, would be a wholly unconstitutional and unlawful claim,” he has pointed out.
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Marandi has further said that the proposal/claim, if any, in this manner, is nothing but would bring constitutional crisis to the State Of Jharkhand and would be in contravention with the idea, objective and provisions of the Constitution of India.
Court judgements
Citing several court judgements, Marandi has said that the election at Gandey constituency for a remaining period cannot happen since less than one year is left of the whole tenure of the 5th Jharkhand Vidhan Sabha.
“The Supreme Court in SR Chaudhari V. State of Punjab, (2001) 7 SCC 126, has deprecated the practice of non-MLA becoming practice and stated that the same being against the fabric and democratic set up of the Constitution,” he has added.
“It would be subverting the Constitution to permit an individual who is not a member of the Legislature to be appointed a Minister repeatedly for a term of “six consecutive months” without him getting himself elected in the meanwhile,” the letter said.
Constitutional scheme
“The practice would be derogatory to the constitutional scheme, improper, undemocratic and invalid,” Marandi has said.