Anti-defection law: PIL in Bombay High Court challenges protection from disqualification to MPs/MLAs whose parties merge

A public interest litigation (PIL) petition has been filed before the Bombay High Court challenging the protection from disqualification granted under anti-defection law to lawmakers in case of merger of their political party with another political party [Meenakshi Menon v. Union of India & Ors.]. .The PIL filed by one Meenakshi Menon sought a declaration that paragraph 4 of the tenth schedule of the Constitution be struck down since it provides that disqualification on grounds of defection does not apply in case of a merger between two parties.The petitioner also sought directions to restrain defecting legislators from participating in legislative proceedings or holding any constitutional posts until their disqualification is finally decided by courtsThe petition was mentioned on Monday before a division bench of Chief Justice DK Upadhyaya and Justice Arif Doctor for urgent listing. The bench directed the petitioner’s counsel to remove all defects in the plea and then mention the matter again..Menon's plea stated that the anti-defection law in its present form has completely ignored the rights of the voters who voted for a particular candidate belonging to a particular political party with a manifesto.“In case of split and merger with any other political party (as permissible under the present law), the voter is taken for granted. The voters have no recourse in law to take action against the legislator who is the party of the group that has decided to split and merge with any other political party. To ensure accountability of the elected representatives it is expedient and necessary that the provision providing for split and merger may be declared ultra vires to the constitution,” the petition said. .Menon further submitted that the law does not lay down deadline for deciding disqualification proceedings against a legislator. It added with the rising politicization of the speaker’s role in the house, disqualification petitions against members are either kept pending indefinitely or decided immediately. Menon stated that after enactment of the paragraph 4, some legislators and parties have exploited the loopholes in the law. “There was evidence that the law did not fulfil the purpose of bringing a halt to political defection and legitimised mass defection by exempting from its provisions acts that it termed splits,” the petition underscored.