Plea filed in SC to restrain MLAs from contesting bypolls on resignation or disqualification

Constant defections cause huge loss to the public exchequer which is involved in the conduct of bypolls, the plea said

Amid the ongoing political crisis in Maharashtra, a plea has been moved in a pending PIL in the Supreme Court to restrain the MLAs from contesting elections again for a period of five years on their disqualification or resignation.

"The evils of political defection has been a matter of national concern. Therefore, it is expedient in the interest of justice that this court intervenes in the matter and issues an appropriate writ, order or direction," a plea by Madhya Pradesh Congress leader Jaya Thakur stated.

The plea also submitted that the Election Commission has always as a matter of practice allowed disqualified members to contest in the bypolls, which is the clear violation of the Article 191(1) (e ) of the Constitution, it added.

The object and purpose of the Tenth Schedule (anti defection law) is to curb the evil of political defection motivated by lure of office or rather similar considerations which endanger the foundation of our democracy.

By the 91st Constitutional Amendment, Articles 71 (1B), 164(1B) and 361B were enacted to ensure that a member disqualified by the Speaker on account of defection is not appointed as a Minister or holds any remunerative political post from the date of disqualification. Moreover, if these disqualified persons/defectors are contesting bypolls to the present House then the object of the 10th schedule is defeated, it added.

Giving an example of Karnataka where 17 MLAs resigned in 2019 and 11 got re-elected and out of them, 10 got ministerial birth in the new government. These undemocratic practices are making a mockery of our democracy and the Constitution. The result is that due to this, people of the State are denied stability and the Voters are denied their right to choose and elect representative having a common ideology.

"These undemocratic practices are making a mockery of our democracy and the Constitution. The result is that due to this, people of the State are denied stability and the Voters are denied their right to choose and elect representative having a common ideology," the plea said.

Moreover, these constant defections cause huge loss to the public exchequer which is involved in the conduct of bypolls.

Recently in Madhya Pradesh, MLAs elected to the Assembly from one party resigned and defected and were immediately made ministers without being MLAs.

"This is only to show the malaise that has crept in. This court is the only succour," the petitioner said.

On January 7, 2021, the top court had issued notice to the Centre and others in the plea. The respondents have not filed any response in spite of sufficient opportunity. The political parties are taking advantage of the situation and continuously destroying the elected governments in various states of the country, it added.