Taint of defection is not vaporised by resignation, Supreme Court had said in a judgment
Topic: politicsRegion: North AmericaUpdated: i1 outletsSources: 1Spectrum: Center Only⏱ 2 min read⚠ 3d+ old
Story Summary
SITUATION
The Supreme Court ruled that the taint of disqualification due to defection does not disappear when a member resigns. This decision raises questions in Tamil Nadu regarding the Speaker's authority to accept resignations while disqualification petitions are pending.
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KEY FACTS
- A question has been raised in Tamil Nadu as to whether the Speaker can accept the resignation of MLAs while petitions for disqualifying them are pending.
- Prabhakar, has accepted the resignation of four legislators elected as AIADMK candidates.
- They have all joined the ruling Tamilaga Vettri Kazhagam (TVK) after their resignations were accepted.
HISTORICAL CONTEXT
This development falls within the broader context of Politics activity in Asia Pacific.
Current reporting indicates: Taint of defection is not vaporised by resignation, Supreme Court had said in a judgment Taint of defection is not vaporised by resignation, Supreme Court had said in a judgment The taint of disqualification does not “vaporise” just because a member submitted his resignation prior to adjudication.
Brief
In a significant ruling, the Supreme Court has clarified that the taint of disqualification due to defection remains intact even if a member resigns. The court emphasized that resignation does not nullify the pending disqualification actions, which are tied to the date when the disqualification was incurred.
This ruling comes amid ongoing political turmoil in Tamil Nadu, where questions have emerged regarding the Speaker's authority to accept resignations while disqualification petitions are still active.
Recently, four legislators resigned from the AIADMK and joined the ruling Tamilaga Vettri Kazhagam (TVK), raising concerns about the implications of their actions on party loyalty and governance. These legislators were part of a larger group of 25 AIADMK members who voted in favor of the TVK government during a confidence motion, which the AIADMK leadership had opposed.
The AIADMK's leadership had sought to disqualify these members for breaching party directives, highlighting the tensions within the party and the broader political landscape in Tamil Nadu. The Supreme Court's ruling underscores the complexities of party allegiance and the legal ramifications of defection, which could have lasting impacts on the political dynamics in the state.
Sources
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