Anti-defection law: SC declines to re-examine verdict

A re-examination of the 1996 verdict which held that expelled lawmakers continued to be part of the party from which they were elected was sought.

By: Express News Service | New Delhi | Published:August 4, 2016 2:07 am
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The Supreme Court Wednesday declined to re-examine its 1996 judgment on the anti-defection law in which it had held that a nominated or elected lawmaker is bound by his or her party whip even after expulsion.

A bench led by Justice Ranjan Gogoi disposed of the petitions filed by Amar Singh, actor-turned politician Jaya Prada and expelled BJD leader Pyarimohan Mohapatra.

Amar Singh and Jaya Prada, who were then members of Rajya Sabha and Lok Sabha, respectively, had filed petitions after they were expelled from the Samajwadi Party. Fearing disqualification, they had raised the question whether expelled lawmakers are amenable to the party whip on whose tickets they were elected.

They had sought re-examination of the 1996 verdict which held that expelled lawmakers continued to be part of the party from which they were elected.

“The petitioner MPs have already completed their tenure (in Parliament). It would be more appropriate to not answer the question,” the bench said, adding their pleas have now become “infructuous”. The bench, which also comprised Justice P C Pant and Justice Arun Mishra, held: “Though we have heard the matter at length, we are not answering the question.”

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