The High Court has dismissed a case challenging the Anti-Defection law’s provision requiring members of parliament to resign if they switch political parties. This provision has now been incorporated into the Constitution through an amendment. The case, filed by Mohamed Anees on November 18, sought to invalidate the amendment prior to its constitutional inclusion.
In its decision, the High Court Registrar noted that since the constitutional amendment is now in effect, Anees’s challenge to the requirement for members to resign upon party change has been rendered moot. Under the Anti-Defection Law, parliament members elected under a particular party must resign from parliament within seven days if they leave or are expelled from their party, or if they join another party. The dismissed case argued that such a requirement was unconstitutional.
While this case has concluded, a separate legal challenge concerning the constitutional amendment itself is pending before the Supreme Court, with hearings yet to commence.
