Even public can press anti-defection charges: SC | Latest News India - Hindustan Times
close_game
close_game

Even public can press anti-defection charges: SC

Hindustan Times | BySatya Prakash, Ranchi
Jan 18, 2013 01:05 AM IST

The Supreme Court on Thursday ruled that “any interested person” can invoke anti-defection law to seek disqualification of a legislator for switching political loyalty. Until now, only a legislator could initiate such a move.

The Supreme Court on Thursday ruled that “any interested person” can invoke anti-defection law to seek disqualification of a legislator for switching political loyalty. Until now, only a legislator could initiate such a move.

HT Image
HT Image

The ruling came on a petition filed by Odisha assembly apeaker challenging a verdict of the state high court which said even a non-legislator can initiate disqualification proceedings against a legislator for deserting the party on whose ticket s/he was elected and joining another political party.

Hindustan Times - your fastest source for breaking news! Read now.

Odisha NCP president Utkal Keshari Parida had approached the speaker seeking disqualification of all four MLAs of his party in Odisha — Amar Prasad Satpathy, Ramachandra Hansdah, Prashant Nanda and Nabin Nanda — after they joined the BJD on June 5, 2012. The HC rejected the speaker’s contention that Parida’s plea was not maintainable as he was not an MLA.

A three-judge bench headed by Chief Justice of India Altmas Kabir read down a provision of the Odisha Assembly Rules, 1987, according to which only a legislator could put in motion disqualification proceedings under the anti-defection law.

“…otherwise, the very object of the introduction of the Tenth Schedule to the Constitution would be rendered meaningless,” the bench, also comprising justice J Chelameswar and justice Vikramajit Sen, said dismissing the speaker’s appeal.

“The provisions of Sub-rules (1) and (2) of Rule 6 of the 1987 Rules have, therefore, to be read down to make it clear that not only a Member of the House, but any person interested, would also be entitled to bring to the notice of the Speaker the fact that a Member of the House had incurred disqualification under the Tenth Schedule to the Constitution of India,” the bench said, adding thereafter the speaker can decide the issue.

Unveiling Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!

Get Current Updates on India News, Election 2024, Arvind Kejriwal News Live, Bihar Board 10th Result 2024 Live along with Latest News and Top Headlines from India and around the world.
SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Thursday, March 28, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On