MLA Disqualification
sachin
(Querist) 11 October 2010
This query is : Resolved
Respected Sir,
I'm Sachin . My Question is as follows
IF INDEPENDENT MLA who was supported political party to form governmet taken back the support from government in the mid of 5 term , then Does the Honorable speaker of the legislative assembly able to disqualify him from MLA position on notification to him? and even within less than 7 days ?
Thanking you.
Kiran Kumar
(Expert) 11 October 2010
well, if that MLA has accepted the membership of some particular political party and has supported the ruling party after doing so then in case of facts stated by you, the MLA can be disqualified.
but in case he remains independent MLA and at some point of time withdraws support from the govt. then he can not be disqualified merely on the ground of withdrawing the support.
Parthasarathi Loganathan
(Expert) 12 October 2010
This aspect has been admirably spelt in our Constitution dealing with Anti-defection laws.
pawan sharma
(Expert) 12 October 2010
i agree with Mr. Kiran and Mr.loganathan.
Raj Kumar Makkad
(Expert) 12 October 2010
Such MLAs are liable to be disqualified if they have lost their status of independent MLAs by joining a political party.
Advocate. Arunagiri
(Expert) 13 October 2010
The withdrawal of the support can not be treated as defection. Only when he joins any political party he is disqualified. Joins means joining as the member of the part not even association or support.
In your case the Independent MLA cannot be disqualified.
