The Supreme Court will on Monday hear a PIL filed by BJP leader and lawyer, Ashwini Kumar Upadhyay, seeking directions to vest in the President and Governors powers to disqualify a sitting Member of Parliament or state Assembly under anti-defection law after consulting the Election Commission (EC).
In his plea, Upadhyay has sought to strip the chairperson and speaker of their power to disqualify a sitting member under the 10th schedule of the Constitution.
The lawyer has submitted that the "impartiality of the presiding officers" on basis of their past political connection has always remained under question.
"The prevailing system was against the basic dictum of democracy and free and fair election in the spirit of the Articles 14, 19 and 324 pf the Constitution," the plea said.
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