MLAs defying whip in House will attract disqualification: SC

“So, on the one hand, none of them can say to the Governor that we don’t want to go with the alliance. The answer is very simple. You don’t want to go with an alliance? Then go to your leader and take a decision in the political party outside. So long as you are a member of the House, you are bound by discipline of the House. So you have to vote with your political party,” the CJI said as Senior Advocate N K Kaul appearing for the Eknath Shinde faction presented his case.

Kaul told the bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha, that there were “two political whips appointed on the same day. We are following the mandate of the party. The question is whether my political whip or their political whip is the actual whip. The faction, which has been now recognised officially, had the majority in the political party then. They can’t presume and say that we have incurred an ex facie disqualification. There is an overwhelming discontent in the cadre of the party and didn’t want to continue with the alliance”.

Kaul argued that given the rebellion by the MLAs, ordering the floor test was the appropriate thing for the Governor to do. However, the CJI said that it would have been so if it was a case where some political parties had pulled out of a coalition. The CJI added that accepting the position that Kaul is advocating would lead to radical results.

The arguments remained inconclusive and will continue on Wednesday.