Harshal 22 October 2019

Anti Defection Law

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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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 24 October 2019

INTROSPECT ON THIS (taking into consideration the SC judgment)
1. IS IT legally possible to vote /attend /remain attached /whatever...., with his parent party, while the parent party has expelled him.

2. IS IT legally possible for the parent party, to be forced (forced by said SC judgment) into allowing such expelled member to vote /attend /remain attached /whatever.... (and then WHAT would membership expulsion mean ???? )

3. "IF" both the above is a "YES", "THEN" how would it be construed that his resignation becomes automatically affective AFTER he joins a third party ????

4. Further "IF" he is expelled from parent party and he still remains an unattached member (due to his physical non-resignation), THEN what bars this expelled member from holding Two membership of Two different parties (due to affect of SC judgement and the said 10th Schedule) ????.

CONCLUSION: isnt democracy funny ????

Keep Smiling .... Hemant Agarwal
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