LAW FOR ALL

A.P. Legislative Council (Disqualification on ground of Defection) Rules, 1986 = "The words "voluntarily given up his membership" are not synonymous with "resignation" and have a wider connotation. A person may voluntarily give up his membership of a political party even though he has not tendered his resignation from the membership of that party. Even in the absence of a formal resignation from membership an inference can be drawn from the conduct of a member that he has voluntarily given up his membership of the political party to which he belongs". - Disqualification on ground of defection:- (1) Subject to the provisions of paragraphs 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House- (a) if he has voluntarily given up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority, and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention. Explanation: For the purposes of this sub-paragraph,- (a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member, (b) ... ... ... ... ... ... ..."= maintainability of the writ petition in view of the finality clause in para-6(1) of the Tenth Schedule to the Constitution of India.= finality embodied in para-6 of the Tenth Schedule does not detract from or abrogate judicial review under Articles 136, 226 & 227 of the Constitution of India insofar as infirmities based on violations of Constitutional mandates, mala fides, non-compliance with rules of natural justice and perversity are concerned.