1996 (1) TMI 440 - SC - Indian Laws

Summary

Issues Involved:
1. Disqualification of members u/s 7 of the Tamil Nadu Assembly (Disqualification on Ground of Defections) Rules, 1986.
2. Interpretation of Paragraph 2(1)(a) of the Tenth Schedule of the Constitution.
3. Applicability of the deeming provision in the explanation to Paragraph 2(1) of the Tenth Schedule.
4. Legal status of "unattached" members in the context of the Tenth Schedule.

Summary:

1. Disqualification of Members u/s 7 of the Tamil Nadu Assembly (Disqualification on Ground of Defections) Rules, 1986:
The appellants, elected as members of the Tamil Nadu Legislative Assembly from AIADMK, were expelled from the party and declared "unattached" members. Subsequently, they joined another party, MDMK. A notice u/s 7 of the Tamil Nadu Assembly (Disqualification on Ground of Defections) Rules, 1986, was issued to disqualify them. The Speaker declared them disqualified, which was upheld by the High Court.

2. Interpretation of Paragraph 2(1)(a) of the Tenth Schedule of the Constitution:
The appellants argued that Paragraph 2(1)(a) applies only when a member voluntarily gives up his membership of the political party that set him up as a candidate, not when he is expelled. The respondents contended that joining another party after expulsion amounts to voluntarily giving up membership of the original party, thus attracting disqualification.

3. Applicability of the Deeming Provision in the Explanation to Paragraph 2(1) of the Tenth Schedule:
The Court emphasized that the deeming provision in the explanation to Paragraph 2(1) must be given full effect. An elected member is deemed to belong to the political party that set him up as a candidate, even if expelled. Joining another party after expulsion is considered voluntarily giving up membership of the original party, leading to disqualification.

4. Legal Status of "Unattached" Members in the Context of the Tenth Schedule:
The Court held that the concept of "unattached" members has no recognition in the Tenth Schedule. The classification in the Tenth Schedule is exhaustive, and any member joining another party after expulsion from the original party is deemed to have voluntarily given up membership, incurring disqualification.

Conclusion:
The Supreme Court upheld the High Court's judgment, confirming the Speaker's decision to disqualify the appellants. The appeals were dismissed with costs, reinforcing the interpretation that joining another party after expulsion constitutes voluntarily giving up membership of the original party, leading to disqualification u/s 2(1)(a) of the Tenth Schedule.