SC to hear plea empowering Prez, Governors to disqualify Parl members

The prevailing system was against the basic dictum of democracy and free and fair election in the spirit of the Articles 14, 19 and 324 of the Constitution, says the plea.

New Delhi: The Supreme Court (SC) will on Monday hear a PIL (public interest litigation) filed by BJP leader and lawyer Ashwini Kumar Upadhyay seeking directions to vest in the President and Governors powers to disqualify a sitting Member of Parliament or state Assembly under anti-defection law after consulting with the Election Commission (EC).

In his plea, Upadhyay has sought to strip the chairperson and Speaker of their power to disqualify a sitting member under the 10th schedule of the Constitution.

The lawyer has submitted that the "impartiality of the presiding officers" on basis of their past political connection has always remained under question.

"The prevailing system was against the basic dictum of democracy and free and fair election in the spirit of the Articles 14, 19 and 324 of the Constitution," the plea said.