The Supreme Court of India today refused to answer whether a lawmaker expelled by a political party can be tried for defying the whip of that party even after his/her expulsion.
The queries in this regard were raised by Samajwadi Party MPs Amar Singh and Jaya Bachchan way back in 2010.
The court, however, refused to revisit its two-decades-old verdict holding that an elected or nominated Member of Parliament of a political party is bound by its whip even after expulsion.
The apex court pointed out that both Amar Singh and Jaya Prada have already completed their respective terms and therefore, they would prefer not to answer the queries raised by them.
"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," the apex court bench said in its order.
In 2010, after being expelled from Samajwadi Party, both Amar Singh and Jaya Prada had moved Supreme Court fearing they may be disqualified for not abiding by the party whip in Parliament in view of the 1996 apex court verdict in the Vishwanathan case.
Both these leaders 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 two-judge bench had referred the questions to a larger bench on November 15, 2010.
Amar Singh, however, has recently returned to the Samajwadi Party.
Pyarimohan Mohapatra, who was expelled from Biju Janata Dal, had also moved the apex court raising the same query.
