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West Bengal Assembly Speaker Biman Banerjee has dismissed the petition filed by Leader of the Opposition Suvendu Adhikari seeking Mukul Roy’s disqualification as an MLA under the anti-defection law for switching sides after elections.
=> Roy, a former BJP national vice-president, had defected to the ruling TMC in June last year.
=> Roy would now continue as a BJP legislator in the House in the wake of the ruling.
What had the High Court ruled?
The high court had asked the Speaker to take a decision on the petition for Roy’s disqualification as a member of the House by October 7. In case of failure, the court said that it would take a call on the matter.
Relevance: the Tenth Schedule of the Indian Constitution:
Popularly known as the anti-defection law.
The law covers three scenarios with respect to shifting of political parties by an MP or an MLA. These include:
In the above two cases, the legislator loses the seat in the legislature on changing (or joining) a party.
Matters related to disqualification:
However, Legislators may change their party without the risk of disqualification in certain circumstances. Exceptions:
Loopholes in the law:
Can the courts intervene?
Courts have, in certain cases, intervened in the workings of a legislature.
By: ASRAF UDDIN AHMED ProfileResourcesReport error
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