New Delhi, November 11: Expelled Samajwadi Party MP Amar Singh told the Supreme Court that he and actress Jayaprada faced disqualification from Parliament if they voted in favour of the Women’s Reservation Bill as the party was strongly against the quota.
Appearing for Singh, senior counsel Harish Salve told a Bench of Justices Altamas Kabir and Cyriac Joseph that one of the main issues on which they were expelled was the differences over support extended to the Women’s Reservation Bill by the duo, to which the party was fiercely opposed to.
He said the two MPs faced a piquant situation in that if they voted with the Bill’s protagonists, it would amount to defying the party’s whip and hence invite disqualification under the anti-defection law.
“I am afraid that if we decide to support the Women’s Reservation Bill, we would be disqualified for defying the party whip. That was one of the main areas of our differences, resulting in the expulsion because the party is opposed to the Bill,” Salve submitted before the Bench.
He raised the issue while arguing that expelled Members are not bound by party whip and the apex court had taken an erroneous view in 1996 that even after expulsion an MP has to abide by the whip to prevent disqualification.
Earlier, during arguments, the Bench said “you are elected on the basis of the party manifesto. Otherwise, the entire purpose of the anti-defection law goes out.”
The Bench, however, said it would refer the issue to a larger Bench and pass appropriate orders on Monday.
The two expelled MPs had moved the apex court fearing they may be disqualified for not abiding by the party whip in Parliament in view of the apex court verdict in a case in 1996.
As per the interpretation of the anti-defection law by the Supreme Court in 1996 in the Vishwanathan case, a member elected or nominated by a political party continues to be under its control even after his or her expulsion.
–PTI