Commenced Hearing on the Re-Look on Anti- Defection Law by Supreme Court

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New Delhi: Honourable Supreme Court of India has began with the hearing on its reviewing of the verdict which was made nearly two decades ago on the issue of Anti- Defection law, by which the political party’s elected or nominated members to be under its control even after expulsion.

The Court here is considering the plea preferred by earlier member of Rajya Sabha, Amar Singh and earlier member LokSabha and Cine Star, Jaya Prada, after their expulsion from the Samajwadi Party on 2nd day of February, 2010, anticipating ouster from Parliament.

In their plea, these litigants have contended that after their expulsion they have landed in a piquant situation and as such they had apprehended disqualification under the Anti- defection law if they chose to defy party’s whip on any issue in Parliament.

The case is tabled before the bench comprising of Justice Prafulla C Pant, Ranjan Gogoi and Arun Mishra. The counsel for the litigants has preferred a stand that as per the ruling of the apex court of the year 1996, the interpretation of the Anti- Defection law does not apply to his clients as they did not form their own party.

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Thus, the matter is put for the hearing on Friday, 5th February, 2016 and after hearing the part argument, the Bench has fixed the matter for further hearing on 12th day of February, 2016.

It was notable in this relation that on 15th day of November, 2010, the honourable Supreme Court of India had directed the action to be taken against these two litigants under the Anti- Defection law in the event of their defying a party whip.

Moreover, these two litigants/ leaders had also sought interim stay on any possible action against them in case they decided to vote in favour of Women’s Reservation Bill. Also, these two litigants have earlier argued that anti- defection law could be invoked only against those who either defect from the party or defy its whip while being in the party. Thus, now the matter is pending for hearing before the apex court.

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Adv. Faim Khalilkhan Pathan