Thirumaran Advt Dmk Joint: Section 1 b and c clearly defines abt the political party As per sec 2 b it is clearly stated that any direction by the political party or any person authorised by the party (whip) So legislators can not have any power to appoint any whip [13/05, 13:53] Thirumaran Advt Dmk Joint: Section 2(b) no where
[13/05, 12:18] sekarreporter1: எதிர்ப்பு
1.எடப்பாடி பழனிச்சாமி, 2.ஓஎஸ் மணியன், 3.அக்ரி கிருஷ்ணமூர்த்தி, 4.ராஜேந்திரன், 5.கேசி கருப்பண்ணன், 6.கோவிந்தராஜன், 7.சு.பழனிசாமி, 8.ராமச்சந்திரன், 9.உஷாராணி, 10.ஜெயசுதா லட்சுமிகாந்தன்,
11.சம்பத்குமார், 12.தளவாய் சுந்தரம், 13.நல்லதம்பி, மணி, 14.முக்கூர் சுப்பிரமணியன், 15.ராஜசேகர், 16.சு.ராஜேந்திரன், 17.வெங்கடாசலம், 18.வெற்றிவேல், 19.வேலழகன், 21.வேலு, 22.ஜெயசங்கரன்
ஆதரவு
1.எஸ்பி வேலுமணி, 2.கோ.ஹரி, 3.எஸ்.காமராஜ், 4.சி.விஜயபாஸ்கர், 5.கேபி அன்பழகன், 6.இசக்கி சுப்பையா, 7.ஆர் காமராஜ், 8.சத்தியபாமா, 9.மரகதம் குமரவேல், 10.மரகதம் வெற்றிவேல், 11.லீமா மார்ட்டின், 12.எஸ்எம் சுகுமார், 13.சேகர் திலீபன், 14.ஜெய்சங்கர், 15.என்எஸ்என் நடராஜ், 16.நத்தம் விஸ்வநாதன், 17.கா.மோகன், 18. ரவி மனோகரன், 19. இரா.ராகேஷ், 20.எம்ஆர் விஜயபாஸ்கர், 21.கே.சி.வீரமணி, 22.எஸ். ஜெயக்குமார், 23.பி.ஹரிபாஸ்கர், 24.அருண்மொழித்தேவன், 25.சிவி சண்முகம், 26.பாலகிருஷ்ணா ரெட்டி
[13/05, 14:26] sekarreporter1: [13/05, 09:01] Thirumaran Advt Dmk Joint: Whip can be appointed only by the General secretary and no one is competent to appoint whip
As per ECI as in today EPS is GS
[13/05, 09:01] Thirumaran Advt Dmk Joint: As per the AIADMK party
EPS is the General secretary
And horse trading
[13/05, 09:01] Thirumaran Advt Dmk Joint: Direction issued by the political party or the person authorised by the party
AIADMK
So disqualification will come even if whip is not appointed
[13/05, 09:04] Thirumaran Advt Dmk Joint: Section 2(b) of the tenth schedule
They have accepted EPS as the general secretary
And Directions issued by the General secretary to oppose the vote of confidence
[13/05, 09:15] Thirumaran Advt Dmk Joint: Further by way of horse trading
CM Vijay has met the rebel MLAs
Which he should not have done before vote of confidence
[13/05, 10:43] Thirumaran Advt Dmk Joint: As per the Supreme Court judgment in the dispute relating to Sivasena split
It is held that only the party head is competent and empowered to issue directions in the matter of vote of confidence Further, the post of whip is only an authorised post by the party only
Whip has no independent authority without the party head’s approval
[13/05, 13:48] Thirumaran Advt Dmk Joint: Section 1 b and c clearly defines abt the political party
As per sec 2 b it is clearly stated that any direction by the political party or any person authorised by the party (whip)
So legislators can not have any power to appoint any whip
[13/05, 13:53] Thirumaran Advt Dmk Joint: Section 2(b) no where states that whip can be appointed by the MLAs and legislative party means only political party and further legislative party can not have any independent authority to take any decision
[13/05, 14:02] Thirumaran Advt Dmk Joint: Legislative party can not have any independent authority to take any decision as per section 2(b)
[13/05, 14:29] sekarreporter1: State;
4:49 islature party”, in relation to a member of Ho6Gb7ging to any political party in accordance with the provisions of paragraph 2 or 2*** paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions;
(c) “original political party”, in relation to a member of a House, means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2;
(d) “paragraph” means a paragraph of this Schedule.
2. Disqualification on ground of defection.-(1) Subject to the provisions of [paragraphs 4 and 5], a member of a House belonging to any political party shall be disqualified for being a member of the House-
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
Added by the Constitution (Fifty-second Amendment) Act, 1985, s. 6 (w.e.f.
1-3-1985).
Certain words omitted by the Constitution (Ninety-first Amendment) Act, 2003, s. 5.
Sub. by s. 5, ibid, for “paragraphs 3, 4 and 5”.
349
350
THE CONSTITUTION OF INDIA
(Tenth Schedule)
Explanation. For the purposes of this sub-paragraph,-
(a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member;
(b) a nominated member of a House shall,-
(i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party;
(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.
(2) An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.
(3) A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.
(4) Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the Constitution (Fifty-second Amendment) Act. 1985. is a member of a House (whether elected or nominated as such
