Supreme Court to listen to plea to bar disqualified lawmakers from bypolls to similar House

The Supreme Court will study if these disqualified below the Tenth Schedule of the Constitution for defection be barred from re-contesting by-elections within the remaining time period of the House to which they have been elected.
A bench headed by Chief Justice of India S A Bobde on Thursday issued discover to the Election Commission and the Centre on a plea by Madhya Pradesh Congress chief Jaya Thakur who has sought this reduction.
The plea, which comes within the wake of many occasion MLAs within the state leaving the Congress to hitch the BJP, says that defecting lawmakers in search of re-election below a brand new political flag has made the anti-defection regulation redundant.
Thakur has contended {that a} member of the House who incurs disqualification below the Tenth Schedule “cannot be permitted to contest again during the term for which” they’re elected. “Article 172 makes a membership of a House co terminus with the term of 5 years of the House except in circumstances mentioned therein,” the plea mentioned.
The petitioner mentioned that the Tenth Schedule learn with Article 191(1) (e) of the Constitution makes it clear {that a} member disqualified below the Tenth Schedule can not re-contest in the course of the time period for which she or he was elected and harassed that this must be applied in order to make sure that the item of the regulation in opposition to defection will not be defeated.

The plea has mentioned Paragraph 2 of Tenth Schedule makes use of the phrases “disqualified for being a member of the House”. The time period of the House (Parliament or Assembly) is for 5 years and therefore the disqualification would apply, it has mentioned.