Defection not to be treated as bar to contest polls: SC

The Supreme Court on Wednesday said defection to another party cannot be treated as a bar for a member of a House to contest elections again during the term of the Assembly, saying it would have a chilling effect on legitimate dissent.

“Since neither the Constitution nor any Act provides for defection to another party as a bar from contesting further elections, reading such a bar into the nebulous concept of the inherent powers of the Speaker is impermissible and invalid,” a three-judge bench presided over by Justice N V Ramana said.

READ: SC upholds ex-Speaker's order disqualifying 17 MLAs

The top court declined to interpret the Constitution and law in such a manner as to “punish” an MLA from deserting a political party, by disqualifying him to be a member of the Legislative Assembly again.

“We do not subscribe to such an extreme stand considering the fact that such extreme stand could have a chilling effect on legitimate dissent. In any case, such a change in the policy cannot be looked into by this court, as the same squarely falls within the legislative forte,”

Senior advocate Kapil Sibal, appearing for Congress Legislature Party leader Siddaramaiah, had asked the court to consider desirability of having a stricter model of disqualification so that a person who has jumped the party lines should not be encouraged and should rather be punished with severe penal consequences for attempting to do so.

The counsel had accused the disqualified MLAs of committing a “constitutional sin” as their actions caused collapse of JD(S)-Congress coalition government.