Maharashtra Political Crisis : Plea In Supreme Court Seeks To Ban MLAs Who Defect Or Resign From Elections For 5 Years

The relief has been sought in a new application filed in a pending writ petition preferred by Congress Leader Jaya Thakur wherein she had prayed for debarring candidates disqualified as members of the House under the Xth Schedule of the Constitution from re-contesting by-elections during the term of the House to which they were elected.

The Supreme Court had issued notice in Thakur's writ petition in January 2021. Now, in the wake of the political crisis in Maharashtra, she has moved a fresh interlocutory application in the writ petition, stating that the Central Government and the Election Commission of India has not so far filed their counter-affidavits in the mater though notice was issued to them on January 7, 2021.

"The political parties taking disadvantage of this situation and continuously destroying the Elected Govt. in various State of our Country. Recently, 18.06.2022 to 22.06.2022 same thing are repeated in State of Maharashtra. These political parties again try to destroying the Democratic Fabric of our country. Therefore immediately direction of this Hon'ble Court is necessary as prayed in this application for direction," the application states.

Thakur in her application has further stated that of late there has been a concerted pan India effort by political parties to render the provisions of the Xth Schedule of the Constitution otiose and redundant.

Citing various instances of MLA's being disqualified or resigning in various states such as Manipur, Karnataka, Madhya Pradesh, Thakur has also contended in her application that these undemocratic practices are making mockery of our democracy and the Constitution.

"The result is that due to this, people of the State are denied stability and the Voters are denied their right to choose and elect representative having a common ideology. Moreover these constant defections cause huge loss to the public exchequer which is involved in the conduct of bye elections," application also states.

Therefore, the applicant seeks change in the present law which allows such MLAs to contest by-polls during the term of the existing assembly. She cites the example of Karnataka, where many MLAs who resigned in 2019 got re-elected to the same assembly in bypolls.

The application has been drafted by Advocate Varun Thakur and has been filed by AOR Varinder Kumar Sharma.

Case Title: Jaya Thakur v UOI| WP 1032 of 2020