Supreme Court Directs Maharashtra Assembly Speaker to decide on cases of Defection within 3 months
Taking the reference from Keisham Meghachandra Singh Vs Manipur Speaker 2020, SC observed that the Speaker, in acting as a Tribunal under the Tenth Schedule, is bound to decide disqualification petitions within a reasonable period.
Case for the anti-defection should be decided within a maximum of 3 months unless exceptional circumstances exist.
The Tenth schedule (introduced by the 52nd Amendment Act, 1985) deals with situations of defection in Parliament or state legislatures by members of a political party, independent members, and nominated members.
Grounds of defection
- If a member voluntarily gives up the membership of a political party.
- Joins any other political party after the election, votes or abstains from voting contrary to the party directive.
- A nominated member joins any political party after 6 months.
- If an Independent elected member joins any political party.
However, if two-thirds of the members agree to a merger with another party, they will not be disqualified.
Presently, the Law does not provide a time limit within which the Speaker/Presiding officers have to decide on the anti-defection case.
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