G. VISHWANATHAN ETC. versus THE HONBLE SPEAKER TAMIL NADU LEGISLATIVE ASSEMBLY, MADRAS AND ANR.

G. VISHWANATHAN ETC. versus THE HONBLE SPEAKER TAMIL NADU LEGISLATIVE ASSEMBLY, MADRAS AND ANR.

Labeling a member as 'unattached' has no recognition under the Tenth Schedule. An expelled member who joins another political party is deemed to have voluntarily given up his membership of the party that set him up and therefore incurs disqualification under para 2(1)(a) of the Tenth Schedule. The deeming provision operates regardless of expulsion and must be given its full effect.

Parties
Appellant: G. Vishwanathan; Appellant: Azhagu Thirunavukkarasu; Respondent No. 1: The Hon'ble Speaker, Tamil Nadu Legislative Assembly, Madras; Respondent No. 2: Secretary, Tamil Nadu Legislative Assembly
Jurisdiction
India
Judgment Date
24 January 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against Madras High Court Judgment
Outcome
Appeals dismissed with costs; judgment of the Madras High Court confirmed
Legal Topics
Disqualification of Legislators, Anti Defection Law, Tenth Schedule Interpretation, Expulsion and 'unattached' Status
Constitutional Law Administrative Law Disqualification of Legislators Anti Defection Law Tenth Schedule Interpretation Expulsion and 'unattached' Status

Case Brief

Summary, issues, holding and outcome

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Parties

G. Vishwanathan

Appellant

Azhagu Thirunavukkarasu

Appellant

The Hon'ble Speaker, Tamil Nadu Legislative Assembly, Madras

Respondent No. 1

Secretary, Tamil Nadu Legislative Assembly

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against Madras High Court Judgment

Legal Issues

  1. 1 Whether an expelled member of a legislative assembly, labeled as 'unattached', incurs disqualification under the Tenth Schedule by joining another political party
  2. 2 Scope of 'voluntarily given up his membership' under para 2(1)(a) of the Tenth Schedule

Ratio Decidendi

Labeling a member as 'unattached' has no recognition under the Tenth Schedule. An expelled member who joins another political party is deemed to have voluntarily given up his membership of the party that set him up and therefore incurs disqualification under para 2(1)(a) of the Tenth Schedule. The deeming provision operates regardless of expulsion and must be given its full effect.

Court Disposition

Appeals dismissed with costs; judgment of the Madras High Court confirmed

Orders

  • Each appellant to pay costs in separate sets
  • No interference with the Speaker's order of disqualification