Rajya Sabha member Pyarimohan Mohapatra submitted that he should be given protection against the Anti-Defection Law in case he defies whip of the Biju Janata Dal (BJD), which has expelled him.
Appearing for the MP before a bench headed by Chief Justice Altamas Kabir, advocate Suresh Tripathy submitted that the apex court earlier had granted similar interim relief to expelled Samajwadi Party MPs Amar Singh and Jaya Prada in November 2010.
The bench, after a brief hearing, agreed to hear the plea and issued notice to the parties including Naveen Patnaik.
"In terms of law, petitioner once expelled from the party, can not be made to suffer in his right to participate in the debate in the House as an independent. Law as it stands does not recognise a situation that a member, once expelled from the political party that had set him up as a candidate, would still be dictated by the whims of the said political party," he said in his petition.
Giving relief to expelled Samajwadi Party MPs Amar Singh and Jaya Prada, the Supreme Court, on November 15, 2010, had directed that no action shall be taken against the two under the Anti-Defection Law in case they defy the party whip.
It had referred to a larger Constitution bench the question as to whether an expelled member could be disqualified under the law, if he chooses to defy a party whip. (More)
