Subscribe:Posts Comments

You Are Here: Home » News » Amar Singh case referred to larger bench

NEW DELHI: The Supreme Court on Monday referred to a larger Bench the two petitions filed by Amar Singh and Jaya Prada, the two leaders who were expelled from the Samajwadi Party.

The petitions raised some ticklish legal questions, including when an MP or MLA is expelled by his party and he joins another party or forms his own party, whether it can be said that he had voluntarily given up his membership of the party?

A Bench comprising Justice Altamas Kabir and Justice Cyriac Joseph directed the records pertaining to the two writ petitions to be placed before the Chief Justice of India S H Kapadia and to be placed before a larger Bench.

Justice Kabir said the larger Bench should consider the following questions. 1). As to what is the status in either House of Parliament or the State Legislature of a Member who is expelled from the party which set him / her up as a candidate for election? 2). Will the provisions of the 10th Schedule to the Constitution apply to such a member? 3). Whether the view taken by the apex court in G Vishwanathan Vs Speaker, Tamil Nadu Legislative Assembly case (1996) 2 SCC 353 with regard to the status of members in either House of Parliament who had not voluntarily resigned from their party but had been expelled there from, is in harmony with the provisions of the 10th Schedule of the Constitution? It would also decide as to what would be the status of an ‘unattached’ member in either House of Parliament or in the State Legislatures? Justice Kabir said.

© 2010 Ungal Ulagam : World, News, Movies, Jobs, Astrology, Cricket, Video, Classifieds, Shopping, Yellow page · Subscribe:PostsComments · Designed by Madurai City
Content Protected Using Blog Protector Plugin By: Make Money.