Majority Decides The Fate Of Legislature Party Leader: Legal Experts

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‘Voting for the other party after quitting parent party amounts to disqualification’

SRINAGAR — Top legal experts of Jammu and Kashmir have said that majority decides the fate of legislature party leader of any party and voting for the other party by any sitting leg­islator after quitting the par­ent party amounts to disquali­fication from membership of either of the two houses of state legislature.

Talking to Kashmir News Service (KNS), top constitu­tional expert and leading law­yer of the Jammu and Kash­mir High Court Zaffar Ahmad Shah said “the support of the majority of the members de­cides the fate of the leader of the legislature party of any party and any MLA does not come under the present anti-defection law unless and un­til he or she does not switch to any other party and votes against his or her parent party on which he or she has fought the election.”

In reply to a question, Shah said, “the election of Mehbooba Mufti as PDP leg­islature party leader can’t be contested or declared null and void till the time she en­joys the support of majority of the MLAs of her party.” Shah hinted that even the support of fifteen MLAs is sufficient enough for Mehbooba Mufti to retain her position as lead­er of PDP legislature party.

Another top constitution­al expert and leading law­yer of Jammu and Kashmir High Court Zaffar Ahmad Qureshi told Kashmir News Service (KNS), “no MLA can come under anti-defection law after quitting the parent party on which he or she has fought the election but once the MLA joins to any other party or votes for any party other than his parent party he or she is liable for dis­qualification under the pres­ent anti-defection law.”

Keeping in view the con­stitutional positions stated by the top constitutional ex­perts of the state on the pres­ent anti-defection law, it has become almost impossible for the PDP rebels to quit the party for the purposes of for­mation of any government till the dissolution of the as­sembly. (KNS)

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