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SC lens on MLA resignation before defection to circumvent law | India News

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NEW DELHI: The Supreme Court agreed on Thursday to test whether the widely used political strategy to overthrow a government through the resignations of an MLA group prior to its defection violated the anti-desertion provisions in the Tenth Program, inserted in the Constitution in 1985 to curb power-hungry legislators.
A petition submitted by farmer Jaya Thakur, through her husband and advocate Varun Thakur, cited recent examples of BJP forming governments in Manipur, Karnataka and Madhya Pradesh using the MLA quit strategy, toppling a government and then contest by-elections in entries of a rival party to be re-elected.
Appearing before the petitioner, lead defender Anoop G Chaudhary told a court of Chief Justice SA Bobde, AS Bopanna, and V Ramasubramanian that the Tenth Program was no longer an impediment to desertion and that the resignation route for destabilizing elected governments was rapidly gaining popularity with more and more speakers. playing partisan roles and not disqualifying defectors. The court sent a notice to the Union government and tagged it with another petition on the same subject filed by the NGO “Lok Prahari”.
Thakur’s petition said that in Manipur, the BJP ended up as the second-largest party after the elections, but engineered defections from Congress and formed the government, with many defectors winning ministerial posts. The petitioner said that one way to maintain purity in politics would be to disqualify MLAs who renounce participation in any by-election until the House term expires.

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