In Brief
A Rajya Sabha member expelled by his political party sought a declaration that the anti-defection law's Paragraph 2 of the Tenth Schedule does not apply to expelled members, or alternatively sought relief from disqualification. The petitioner earlier had the matter referred to a larger Bench in Amar Singh v. Union of India, but that Bench declined to answer the reference as the petitioner's term was ending. The Court now found the reference remains unanswered and the petitioner's tenure extends to 2022. The Court issued notice on interim relief and directed the matter be placed before the Chief Justice for constitution of a larger Bench to address the substantive constitutional questions about expelled members' status under the anti-defection law.
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