Disqualification does not end with resignation

The top court has held that disqualification proceedings initiated against a legislator would not end on his or her tendering resignation.

“Disqualification relates back to the date when the act of defection takes place. Factum and taint of disqualification do not vaporise by tendering a resignation letter to the Speaker,” the court said.

The court rejected a contention by the disqualified MLAs that the disqualification proceedings against them could not have continued since they had resigned.

“Even if the resignation is tendered, the act resulting in disqualification arising prior to the resignation does not come to an end,” the bench said.

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