Merger and disqualification: Bombay high court asks centre to reply on shield for MLAs | India News – Times of India

 Merger and disqualification: Bombay high court asks centre to reply on shield for MLAs | India News - Times of India

Mumbai: Bombay High Court On Wednesday, the central government was given six weeks to file a reply to the Public Interest Litigation (PIL) challenging the validity of paragraph four. 10th Schedule of the Constitution which protects the members of the House from disqualification on merger.
Chief of High Court Bench Justice Issued by Devendra Kumar Upadhyay and Justice Arif Dr. NotesAttorney General for India R Venkataramani to appear in the case, stating that the challenge raised was to the constitutional provision dealing with immunity from disqualification of members. Advaita Sethna, counsel for the Centre, sought six weeks’ time to file the reply.
The provision under challenge states that a member of the House shall not be disqualified where his original political party merges with another political party and he claims that he and any other member of his original political party. has become a member of such other political party or as the case may be. A new political party formed by such a merger may belong to
Advocate Ahmed Abidi, appearing for petitioner Meenakshi Menon (64), said voters were being taken for granted by politicians who, he added, were “only interested in coming to power.” Abidi submitted that some people merge into other parties while voters vote for a particular party. The PIL seeks a declaration that disqualified legislators are not entitled to participate in the proceedings of the House or to hold any constitutional office pending a decision on their disqualification. The High Court posted the matter on February 7.
Paragraph 4 of the 10th Schedule of the Constitution states that a member of the House whose original party merges with another political party shall not be disqualified.

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