SC to decide if an MP bound by party whip even after his expulsion

The Supreme Court on Monday agreed to set up a larger bench to decide if an elected Member of Parliament is bound by party whip even after his expulsion.

A bench of Justices Dipak Misra and A M Khanwilkar directed the matter to be placed before the Chief Justice of India for constituting a larger bench.

The legal question was raised by expelled Samajwadi Party MP Amar Singh in a writ petition. He urged for adjudication on subject if an expelled MP would be subject to 10 th Schedule (anti-defection law) on not complying to party whips.

Singh was thrown out of the party on January 1, 2017 after Akhilesh Yadav-led faction wrested the control of party from Mulayam Singh Yadav. His term in Rajya Sabha is to end on July 4, 2022.

Senior advocate C U Singh, appearing for Singh, submitted the apex court had on August 3, 2016 left open the legal issue then again raised by the SP leader.

The court had then 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 had then said while disposing of a petition filed by UP politician Amar Singh and Bollywood actor-turned politician Jaya Prada.

Both had then asked the court to decide the question whether an expelled member could be disqualified under the law, if he or she defies party whip.

The issue had then 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.