Supreme Court refuses to stay H.P. Assembly Speaker order disqualifying MLAs

Posted 19 Mar 2024

2 min read

The MLAs were disqualified under anti-defection law for defying party's whip to be present in the House and vote in favour of government.

Anti-defection law deals with defection of members in Parliament or state legislatures.
Under it, a member could be disqualified if he:
- voluntarily gives up the membership of political party or joins any other political party,
- votes or abstains from any voting contrary to directive circulated by political party.
  - However, if member has taken prior permission, or is condoned by Party within 15 days from such voting or abstention, he shall not be disqualified.
- Independent candidate joins a political party after election.
- A nominated member if he joins any political party after six months from date of taking seat.
Exemption: If, not less than two-thirds of members of legislature party have agreed to merge with other party they are exempted from disqualification.
Role of speaker: Chairman or Speaker of House have power in deciding cases pertaining to disqualification of members on ground of defection.
Issues: Mergers leading to mass defection, Wide power to the Speaker, curtails individual MP/MLAs freedom.

Kihoto Hollohon v. Zachilhu and ors (1992): Speaker, while deciding cases pertaining to defection, acts as a tribunal and his decisions are subject to the judicial review power of the high court and SC.
Ravi S Naik vs Union of India (1994): Voluntarily giving up membership does not necessarily mean that legislator needs to formally resign, as this can be inferred from member’s conduct as well.

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