MLAs facing disqualification cannot appear in floor test: Supreme Court
New Delhi: Allowing an MP or an MLA who is facing disqualification under the anti-defection law to participate in a floor test because of his own actions would defeat the very purpose of the Tenth Schedule, Chief Justice of India D. .why. Chandrachud, who is heading the constitution bench, said.
Chief Justice Chandrachud addressed Maharashtra Chief Minister Eknath Shinde’s stand for allowing an MLA whose actions have caused a split in the party and is liable to be disqualified for defection, to participate in the trust vote. would be tantamount to “legalizing” a “constitutional sin”. Led by senior advocate Neeraj Kishan Kaul.
“On the one hand, you have the Tenth Schedule, which is meant to prevent the constitutional sin of defection. On the one hand, you say that someone who blames, causes division within the party, is liable to be disqualified… Also, you say that even if that person is liable to be disqualified, In the meanwhile, he can participate in the vote of confidence in the House…” Chief Justice Chandrachud looked at Mr. Kaul.
The court asked whether an MLA who causes destabilization of the ruling government can benefit from the subsequent floor test, which is the product of his actions.
“If the reasons preceding the floor test are based on violation of the restrictions in the Tenth Schedule, then holding a floor test would defeat the basic premise and object of the Tenth Schedule… You are legitimizing a defect which is not otherwise permissible under the Tenth Schedule Schedule, Chief Justice Chandrachud said.
The court is hearing a dispute between Mr Shinde and former Maharashtra Chief Minister Uddhav Thackeray. The Thackeray government fell in 2022 due to the rebellion of Mr Shinde and his camp MLAs. The disqualification proceedings against Mr. Shinde and his faction under the Tenth Schedule are still pending before the Speaker of the Maharashtra Legislative Assembly.