Amar Singh, Jaya Pradha move SC on expulsion

Amar Singh, Jaya Pradha move SC on expulsion

"It is the submission of the petitioner herein that the provisions of the Tenth Schedule, particularly Clauses 2(1)(a) and 2(1)(b) thereof, are not applicable in respect of an expelled member of a political party," Amar Singh had said in the petition. 

"However this honourable Court vide its judgment in G Viswanathan v Hon'ble Speaker T N Legislative Assembly, reported in (1996) 2 SCC 353 has,  on an erroneous construction and interpretation of the Tenth Schedule, held that the said provisions apply even in cases of an expelled member if such expelled member joins a new political party.

It is submitted that the observations in the said judgment have been made contrary to the legislative intent," the petition by the two leaders said.

The apex court in G Vishwanathan's case considered the question as to whether a member who has been expelled and who subsequently joins another political party would incur disqualifications under clause 2(1)(a) of the Tenth Schedule.

This Supreme Court, in its judgment, held that a member who is expelled would still “deemed” to be a member of the political party by virtue of explanation (a) to clause 2 of the Tenth Schedule and that if such an expelled member were to join another political party after expulsion, such an act would constitute voluntarily giving up of his membership of such political party under clause 2(1) (a) of the Schedule.

The matter will be heard by a bench of Justices Altamas Kabir and A K Patnaik on October 25. 

Both leaders were suspended from the party on February 2, 2010, alleging that it was capitalist and communalist invasion."