Published: 10th Aug, 2019
Delhi Assembly Speaker had disqualified rebel AAP MLA Kapil Mishra under the anti-defection law.
Context
Delhi Assembly Speaker had disqualified rebel AAP MLA Kapil Mishra under the anti-defection law.
About
Whether only resignation constitutes voluntarily giving up membership of a political party?
- Voluntarily giving up the membership is not the same as resigning from a party.
- The Supreme Court in Ravi S. Naik v. Union of India has held that the words “voluntarily giving up membership” have a wider meaning.
- An inference can also be drawn from the conduct of the member that he has voluntarily given up the membership of his party.
- In this case, the Aam Admi Party MLA was found to be campaigning for Bharatiya Janta Party in the recent 2019 Lok Sabha Election.
- With this conduct, the Speaker of Delhi Assembly concluded that he (Kapil Mishra) had “given up the membership of his original political party”.
|
Anti-Defection provisions under the Tenth Schedule
a. If a member of a house belonging to a political party:
b. If an independent candidate joins a political party after the election. c. If a nominated member joins a party six months after he becomes a member of the legislature.
a. The Chairman or the Speaker of the House takes the decision to disqualify a member. b. If a complaint is received with respect to the defection of the Chairman or Speaker, a member of the House elected by that House shall take the decision.
a. A person shall not be disqualified if his original political party merges with another, and:
b. This exception shall operate only if not less than two-thirds of the members of party in the House have agreed to the merger. |
Courses
Study
Notes
Home
Resources
More
