New Delhi, Aug. 3 (ANI
): The Supreme Court on Wednesday refused to answer the queries of politicians Amar Singh and Jaya Prada whether a lawmaker expelled by a political party can be tried for anti-defection law for defying a party whip even after their expulsion.
Pronouncing its verdict, the apex court pointed out that the duo has already completed their tenure.
"The petitioners MPs of Rajya Sabha have completed their tenure. Though we heard the matter at length we find it more appropriate not to answer the questions put to us," an apex court bench send in the order.
The questions were framed by a two-judge bench stating that its 1996 judgment in Vishwanathan case was not clear on certain aspects of anti-defection law.
The two-judge bench had referred the questions to a larger bench on November 15, 2010, following the plea by then expelled Samajwadi Party (SP) lawmakers Amar Singh and Jaya Prada, who had contended that they were outside the ambit of anti-defection law as they were declared as an unattached member of the House following their expulsion.
The expelled Samajwadi Party lawmakers had moved the top court in 2010 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.
However, the duo joined the Samajwadi Party later.
As per the interpretation of the anti-defection law by the apex court in 1996, a member elected or nominated by a political party continues to be under its control even after his or her expulsion. (ANI