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Does the cross-voting by MLAs in RS elections amount to defection under Anti-defection law?

edited June 2016 in Polity & Governance
Does the cross-voting by MLAs in RS elections amount to defection under Anti-defection law?


  • No because voting in presidential vp and rs elections are done behind close doors and their is absolute anonymity unless mla openly flaunts his new political loyalty.in which case party can ugre for anti defection instituting proceeding for violating party discipline.but if he secretly votes for other candidate then there is no ground for defection.
  • No RS election are not based on secret voting but open ballot.this was made to stop cross voting..
  • Acc. to EC, issuing whips to party members for voting in presidential and RS elections is tantamount to "undue influence" under IPC Sec. 171C. So, parties cannot force a MLA/MP to toe the party line in these two polls.
    SC had, in a judgement (which I don't remember), ruled that voting in presidential and RS elections was different from voting in the house during normal legislative business (passing laws and resolutions etc.). In the former, the MLA/MP is a member of the electoral college and not the house.
    Since there is open voting, most members toe the party line anyway, but they are free to vote for whoever they want.

  • RS elections are open elections and anti-defection law doesn't apply here.
    All good things are wild and free
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