Anti Defection Law
Harshal
(Querist) 22 October 2019
This query is : Resolved
In G. Vishwanathan v. Speaker, Tamil Nadu Legislative Assembly (1996), the SC clarified that: If a member is expelled from his party, he is treated as unattached member in the house but he continues to be a member of the old party as per the Tenth Schedule. If he joins a new party after being expelled, he can be said to have voluntarily given up membership of his old party. My question is: If he doesn't join a new party and stays as an unattached member of the old party, can he vote or abstain from voting, contrary to his old party and still avoid disqualification?
P. Venu
(Expert) 24 October 2019
The query is not real-time.
Dr J C Vashista
(Expert) 25 October 2019
Academic exercise for time-pass topic for debate.
Consult a local prudent lawyer with full facts/documents for better appreciation, guidance and proceeding.
