AG’s argument on MLAs not under anti-defection law ‘preposterous’: SC
In an important observation during the night-long hearing on the petition filed by Congress and JD(S), the SC said it would be “preposterous” to argue that MLAs, before taking oath, would not fall foul of the anti-defection law if they defied their party’s whip, reports Dhananjay Mahapatra.
This was the response from the bench of Justices A K Sikri, S A Bobde and Ashok Bhushan when attorney general KK Venugopal argued that the SC must not enter the “politi- cal thicket” of who was invited to form government and which MLA extended support to which party during a floor test. He said whether an MLA prior to taking oath was amenable to disqualification under the anti-defection law was a grey area.
“It is preposterous to argue that before the MLAs take oath, they are not amenable to the anti-defection law. This means it would be an open invitation for anyone to indulge in horse trading prior to MLAs taking oath,” the bench said.