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Regular-article-logo Saturday, 07 February 2026

HC bars rebel MLAs from trust vote

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Nishant Sinha Published 20.02.15, 12:00 AM

Patna, Feb. 19: Patna High Court today ruled that four rebel JDU MLAs - whose membership a single bench restored after the Speaker terminated it - will not have voting rights in tomorrow's floor test.

A division bench of the court, comprising Justice Iqbal Ahmed Ansari and Justice Samarendra Pratap Singh, passed today's order.

The four rebel legislators - Gyanendra Singh Gyanu (Barh), Rahul Sharma (Ghosi), Ravindra Rai (Mahua) and Niraj Kumar Babloo (Chhatapur) - filed a petition in Patna High Court, on November 3, challenging Assembly Speaker Uday Narayan Chaudhary's decision to end their membership. A single bench later restored it. The four again moved high court on Wednesday, saying the Speaker had not issued any notification with regard to restoration of membership.

The rebels were disqualified as members of the Assembly on November 1. They were charged with working against the party during the Rajya Sabha by-poll last June and, later, expelled from the party.

A single bench of the high court, presided over by Justice Jyoti Saran, on January 6 set aside the Speaker's order terminating their membership. The court said the four MLAs' activities did not amount to anti-defection and voluntary surrender of membership, a charge Speaker Narayan had levelled against them.

However, over a month later, the Speaker is yet to issue fresh notification in this regard. The state challenged the single bench's decision before a division bench, which has reserved its order .

The court, in its order on Wednesday, said: 'In the interest of justice, we direct that the operation of the judgment and order, under appeal, which was passed by the single bench, shall remain stayed until the time the judgment is delivered in the appeals.'

When contacted, MLAs Gyanendra Singh Gyanu and Ravindra Rai declined comment on the high court order, saying they were yet to go through the judgement copy. Rai said: 'What to speak on the high court verdict?'

Four more JDU rebel legislators - Poonam Devi (Digha), Ajit Kumar (Kanti), Raju Singh (Sahebganj) and Suresh Chanchal (Sakra) - whose membership was terminated on December 27, moved high court on January 7, challenging the Speaker's order. The case is still pending.

In another case, a division bench of high court Chief Justice L. Narasimha Reddy and Justice Vikash Jain dismissed a writ petition by state minister Vinay Bihari requesting it to keep the Speaker away from Friday's floor test.

In yet another case by BJP leader Sudhir Kumar Sharma, challenging the JDU's move to occupy Opposition status, the chief justice bench ruled that till a notification is issued, cognisance towards the same could not be taken.

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