Anti Defection Law

Harshal (Querist) 22 October 2019 This query is : Resolved
In G. Vishwanathan v. Speaker, Tamil Nadu Legislative Assembly (1996), the SC clarified that: If a member is expelled from his party, he is treated as unattached member in the house but he continues to be a member of the old party as per the Tenth Schedule. If he joins a new party after being expelled, he can be said to have voluntarily given up membership of his old party. My question is: If he doesn't join a new party and stays as an unattached member of the old party, can he vote or abstain from voting, contrary to his old party and still avoid disqualification?

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P. Venu (Expert) 24 October 2019
The query is not real-time.

Dr J C Vashista (Expert) 25 October 2019
Academic exercise for time-pass topic for debate.
Consult a local prudent lawyer with full facts/documents for better appreciation, guidance and proceeding.

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