SC refuses opinion status of expelled legislator
New Delhi: The Supreme Court on Wednesday refused to express an opinion on whether a lawmaker, after being expelled from a party, would attract disqualification under the anti-de fection law for defying its whip during voting in the legislature.
“We are not answering the questions,” said a bench of Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant.
It said the petitioners, Amar Singh and Jaya Prada, have already completed their Rajya Sabha and Lok Sabha terms in the meantime.
A two judge bench on November 15, 2010 referred seven questions to a larger three judge bench, including whether a lawmaker continues to be bound by the party whip vis-a-vis anti-defection law after being expelled.