In Brief
A Rajya Sabha member elected on a JD(U) ticket was disqualified under the Tenth Schedule for voluntarily giving up party membership through conduct, statements, and alignment with the RJD. The member challenged the disqualification in the High Court. The appellant (JD(U) party leader) sought to introduce evidence of the member's subsequent formation of a new political party. The High Court rejected this application, holding that post-order conduct cannot test legality of the disqualification. The Supreme Court upheld the High Court's order, holding that disqualification occurs on the date of voluntary withdrawal, not the Speaker's decision date. Subsequent events ordinarily cannot test legality, though courts retain discretion under Article 226 to consider subsequent events if they relate to the state of affairs at the time of disqualification and fairness is maintained.</summary_100> </invoke>
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