MUMBAI:
Bombay high court
on Wednesday gave six weeks’ time to the central government to file its reply to public interest litigation (PIL) challenging the validity of paragraph four of the
10th schedule
of the
Constitution
that protects members of the House from disqualification on a merger.
The HC bench of Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor issued
notice
to the Attorney General for India, R Venkatramani, to appear in the matter, noting the challenge raised was to the Constitutional provision that dealt with an exception to disqualification of members.
Advait Sethna, counsel for the Centre, sought six weeks to file a reply.
The provision under challenge says a member of a House will not be disqualified where his original political party merges with another political party and he claims he and any other members of his original political party have become members of such other political party or, as the case may be, of a new political party formed by such merger.
Lawyer Ahmed Abdi arguing for the petitioner, Meenakshi Menon (64), said the voters were being taken for granted by politicians who he added “are only interested in coming to power.’’ Abdi submitted that some merge with another party while voters may have voted for a particular party. The PIL wants a declaration that defecting legislators are not entitled to participate in House proceedings or hold any constitutional post until the issue of their disqualification is decided. HC posted the matter on February 7.
Paragraph four of the 10th schedule of the Constitution says a member of a House will not be disqualified where his original party merges with another political party
English (US) ·