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This is an archive article published on October 11, 2010

MLA disqualification: ‘Anti-defection law has been abused’

Union Home Ministry is said to be concerned over developments in Karnataka and has taken serious note of them.

The Union Home Ministry is said to be concerned over developments in Karnataka and has taken serious note of them.

Prima facie,sources feel that the Tenth Schedule of the Constitution,the anti-defection law,has been abused. Highly placed sources said the abuse of the anti-defection law was more so in the case of disqualification of independents.

They said the Tenth Schedule does not apply to independents and,therefore,there is no question of their disqualification.

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Even in the case of dissident BJP MLAs,the sources said disqualification can only be on two grounds — one if the MLA resign from the party voluntarily and two if he votes against the whip.

Therefore,there is no question of disqualification of the BJP MLAs before the vote,the sources said.

The sources were commenting on Karnataka Assembly Speaker K G Bopaiah disqualifying 16 rebel MLAs ahead of the trust vote.

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