NEW DELHI : The Supreme Court today refused to revisit its two-decade-old verdict on the anti-defection law holding that an elected or nominated member of Parliament of a political party is bound by its whip even after expulsion.
“Though we have heard the matter at length, we are not answering the question,” a three-judge bench comprising justices Ranjan Gogoi, P C Pant and Arun Mishra said while disposing of a petition filed by UP politician Amar Singh and Bollywood actor-turned politician Jaya Prada.
The apex court was deciding on the question whether an expelled member could be disqualified under the law, if he or she defies party whip.
The issue had cropped up after Singh and Jaya Prada, who were members of Rajya Sabha and Lok Sabha respectively, had moved the Supreme Court on their expulsion from the Samajwadi Party on February 2, 2010, anticipating ouster from Parliament.
Pyarimohan Mohapatra, who was expelled from Biju Janata Dal, had also moved the apex court on the issue.
“The petitioner MPs have already completed their tenure. It would be more appropriate to not answer the question,” the bench said.
Earlier, the court had reserved the order on the petition seeking to revisit the 1996 verdict on the anti-defection law by which a member elected or nominated by a political party continues to be under its control even after expulsion.
The petitioners had contended that they have landed in a piquant situation as expelled members and apprehended disqualification under the anti-defection law if they chose to defy party’s whip on any issue in Parliament.
The counsel for Singh and Jaya Prada had said the interpretation of the anti-defection law, as per a 1996 ruling of the apex court, does not apply to them as they did not form their own party.
As per the interpretation of the anti-defection law by the Supreme Court in G Vishwanathan case in 1996, a member elected or nominated by a political party continues to be under its control even after his or her expulsion.
The apex court on November 15, 2010, had directed that no action shall be taken against Amar Singh and Jaya Prada under anti-defection law in the event of their defying a party whip.
The two leaders had then sought interim stay on any possible action against them in case they decided to vote in favour of Women’s Reservation Bill to which the SP was fiercely opposed.
Singh has now returned to Samajwadi Party and was elected to Rajya Sabha recently after being nominated by the party. (AGENCIES)
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