After being declared as BJP candidate in flux unit Assembly Polls, TMC seeks Swapan Dasgupta’s disqualification from RS
· The Tenth Schedule was inserted within the Constitution in 1985 by 52nd modification. It lays down the method by that legislators is also disqualified on grounds of defection by the leader of a general assembly supported a petition by the other member of the House.
· If a member of a house happiness to a organisation voluntarily provides up the membership of his organisation, or Votes, or doesnt pick out the general assembly, contrary to the directions of his organisation.
· However, if the member has taken previous permission, or is condoned by the party inside fifteen days from such ballot or self-denial, the member shall not be disqualified.
· If associate freelance candidate joins a organisation once the election.
· If a appointed member joins a celebration six months once he becomes a member of the general assembly.
91st modification act of 2003
· The total range of ministers as well as the Prime minister within the central council of ministers shall not exceed 15 August 1945 of the whole strength of the Loksabha / State general assembly. (Article seventy five,164). but in states range of ministers shall not be but twelve.
· A member disqualified beneath defection is additionally disqualified for being a minister in house.
· The member disqualified on the grounds of defection shall even be disqualified for any remunerative political post, workplace whole or partly beneath the govt. .
· The provision relating to one third was conjointly deleted by this modification.
Exceptions beneath the law:
· Legislators could amendment their party while not the chance of disqualification in sure circumstances.The law permits a celebration to merge with or into another party on condition that a minimum of simple fraction of its legislators ar in favour of the merger. In such a state of affairs, neither the members World Health Organization plan to merge, nor those World Health Organization stick with the first party can face disqualification.
· The law ab initio expressed that the choice of the leader isnt subject to review.
· This condition was smitten down by the Supreme Court in Kihoto Hollohan case in 1992, thereby permitting appeals against the Presiding Officer’s call within the state supreme court and Supreme Court.