Ranchi, Sep 20 (IANS) Jharkhand's new government led by independent legislator Madhu Koda Wednesday got the stamp of approval from the assembly in the absence of the National Democratic Alliance (NDA), which refused to participate in the trust vote.

The United Progressive Alliance (UPA) government won the day with 41 votes in the 82-member house in its favour and one against.

The lone Communist Party of India-Marxist-Leninist (CPI-ML) legislator, Vinod Singh, sat on the opposition benches and cast his vote against the UPA - which had counted him in when the Arjun Munda government was ousted.

"The CPI-ML is not a part of the UPA and therefore there is no question of supporting it," Singh said.

The opposition NDA, which fell from power last week, stayed away from the proceedings saying that an acting speaker (Pradeep Balmuchu) could not preside over the trust vote.

Proceedings began at 11 a.m. when the UPA legislators were brought to the house in a luxury bus from Hotel Ashok. When Koda moved the trust vote, former speaker Inder Singh Namdhari objected and said: "First, a regular speaker should be elected and only then should trust vote proceedings take place."

Balmuchu then asked the assembly staff to count those in favour of the vote -- UPA members duly stood up and were counted. However, when he asked those against the motion to stand up, the only person to do so was Vinod Singh.

After winning the trust vote, Koda said: "The NDA knows that they do not have numbers and raised such an issue to divert attention."

Koda, who is going to New Delhi to meet the central leadership of the UPA, including Congress president Sonia Gandhi, said he would expand his cabinet in consultation with the others.

Terming the trust vote as unconstitutional, former chief minister Arjun Munda said: "What has happened is against the constitution and democratic system of India. If they have the majority, they should have first elected the speaker and then moved the trust motion."

He said Balmuchu held the same post during the shortlived Shibu Soren government and refused to preside over the trust vote saying that he was only acting speaker.

Countering the NDA's charge, Balmuchu said: "The two situations are different. The constitution allows the acting speaker to carry out the duties of speaker as at present there is no speaker or deputy speaker".

Koda was sworn in on Sep 18 as the fifth chief minister of Jharkhand in six years since November 2000 when the state was carved out of Bihar.