Plea before the Top Court in the backdrop of the recent political turmoil in the state of Maharashtra

Case: Jaya Thakur vs Union of India

An application has been moved by Jaya Thaku, a congress leader from the state of MP, seeking directions in a pending case to ban legislators who have resigned or disqualified from the assembly from contesting elections for up to five years. Thakur, filed her plea in an already pending petition of 2021, wherein, the Apex court had sought a response from the Central government. 

Thakur stated that it is a recent trend across the country by political parties to render the provisions of the Xth Schedule and by making ruling party MLAs resign leading to the fall of the government. The resigning MLAs are then given ministerial posts by the new government and are given tickets to run in by-elections again. 

 The petitioner in her present application has stated that the then bench directed the government to file its reply however, no reply has been filed yet. Hence, political parties are taking disadvantage of this situation and continue destroying the elected governments in different States.

It was further contended in the plea that once a member incurs disqualification under the Xth Schedule, he should not be allowed to compete again during the term for which he was elected. Such undemocratic approaches are making a mockery of our democracy.

The plea sought restraining MLAs from contesting elections for the 5 years.