Wednesday, September 20 2006 15:10 Hrs (IST) - World Time -

Ranchi: The UPA Ministry in Jharkhand led by Madhu Koda on Wednesday won the vote of confidence 41-1 with the lone CPI-ML (Lib) MLA voting against the motion while opposition NDA refused to participate in the process alleging that the officiating Speaker has no power to conduct the trust vote.

Forty-one MLAs supporting Koda stood up when officiating Speaker Pradip Kumar Balmuchu asked those supporting the confidence motion to stand up.

When Balmuchu asked those against to rise, none of the NDA legislators stood up as they were protesting against officiating Speaker conducting the confidence motion.

They claimed that an officiating Speaker has no power to conduct the trust vote.

CPI-ML (Liberation) member, Vinode Kumar Singh, however, rose to his feet and said that his vote should be counted as against the motion. His party had decided on Tuesday to vote against the motion.

Balmuchu was appointed officiating speaker by Governor Syed Sibte Razi as Speaker Inder Singh Namdhari had resigned soon after the fall of the Arjun Munda NDA government on September 14.

Later, the house was adjourned sine die.

When asked why the NDA members had not taken part in the house proceedings, Balmuchu told newsmen later that they wanted the election of the speaker first.

He said that the Governor had the right to appoint an officiating speaker when both the posts of speaker and deputy speaker were vacant.

As per assembly rules, Balmuchu said that the Speaker's election should be held at the earliest. Earlier the governor had directed the Koda government to take the vote of confidence on or by September 25, but the cabinet decided to take it on Wednesday.

Koda, who was sworn-in as chief minister on Monday, had deferred the expansion of his ministry till after the trust vote. Kamlesh Singh, Enos Ekka and Harinarain Rai are the only members of his cabinet now. The BJP-led NDA government was dethroned after Koda, Singh, Ekka and Rai resigned and withdrew support on September five. Balmachu, who first ruled that the vote of confidence was supported by 41 members in favour and none against, later corrected the proceedings after the CPI-ML(Liberation) legislator, who was sitting in the opposition benches, went to him and informed that he had voted against the confidence motion.

"It has been corrected the result is 41 in favour of the motion, one against it and the rest can be treated as neutral, the officiating speaker said.

Earlier, as soon as Koda moved the motion, former chief minister Arjun Munda and former speaker Inder Singh Namdhari demanded taking up election of a regular speaker before the trust vote.

Quoting Article 178 of the Constitution, Namdhari, a JDU MLA said that election of a regular speaker needed to be taken up first as the speaker and deputy speaker's posts should not remain vacant.

Munda, BJP member Saryu Roy and JDU member Radha Krishna Kishore also joined the issue. Balmuchu then referred to Article 180 (1), under which his appointment was made by the governor on Monday.