The Patna High Court today said its order for legal examination of the Assembly Secretary's letter recognising Nitish Kumar as JD(U)LP leader should not be construed as interference in the internal affairs of any party.
"The order should not be construed as any interference in the internal affairs of any party, including JD(U)," a division bench comprising Chief Justice L N Reddy and Justice Vikash Jain said.
This was said during the hearing of a review petition by former JD(U) minister P K Shahi this morning on yesterday's order of the same bench.
Shahi, among the pro-Nitish Kumar ministers sacked by Chief Minister Jitan Ram Manjhi, is a former Advocate General of the state and argued his own case.
Shahi had said in his review petition that the court's order was interpreted as it had put a stay on Kumar becoming JD(U)LP leader.
An affidavit filed on behalf of the Assembly Secretariat by lawyer Y V Giri said the court's order yesterday was interpretated by the media was that it had put a stay on Nitish Kumar's election as JD(U)LP leader.
Shahi justified the letter issued by the Assembly Secretary Hareram Mukhiya recognising Kumar as JD(U)LP leader on the basis of a letter of state JD(U) President Basistha Narayan Singh with a copy of a letter from Sharad Yadav confirming the election had been in accordance with rules of the Assembly "which is being followed in last 60 years since Independence."
Under similar rules, Manjhi has been notifed as leader of the House in the capacity of being the chief minister. Similarly, senior BJP leader Sushil Kumar Modi has been notified as leader of opposition in the legislative council.
"So all such notifications by the Legislative Secretaries should be cancelled," he said.
The Patna High Court had yesterday said "we intend to examine the legal implication of the letter issued by in-charge Secretary of Assembly (recognising Nitish Kumar as leader of JD(U)LP) so that the letter should have no legal consequences for a decision by the Governor."
Shahi told the court that the PIL filed by JD(U)MLA Rajeshwar Raj was not maintainable as he has private interest in filing the petition.
Raj, MLA from Karakat in Rohtas district, is siding with Manjhi.
