Supreme Court: Rape Conviction Possible Without S.376 Charge if POCSO Case Fails on Age Proof  ||  SC: Mere Long Possession Can't Establish Adverse Possession; Hostile Intent is Required  ||  Supreme Court Finds Gaps in FSSAI’s Proposed Warning Labels for Foods High in Fat, Sugar and Salt  ||  Supreme Court Quashes ITS Officer's 'Deadwood' Retirement, Orders Rs. 15 Lakh Payment  ||  Uttarakhand HC: District Magistrate to Establish Public Helpline within 24 Hrs amid Water Pollution  ||  Allahabad HC: Custodial Violence and Molestation Are Crimes, Not Police Duty  ||  Gujarat High Court: Bombay Public Trust Registration is Covered by Section 43 of the Waqf Act  ||  J&K&L HC: Advocates not Above Law, No Immunity from Lawful Police Inquiry  ||  Gauhati HC: Talaq-e-Hasan Valid, Requires Registration under Assam Marriage Act  ||  NCLAT: NCLT President Empowered to Transfer Cases from One Bench to Another    

Subodh Iniyal and Ors. v. Speaker Legislative Assembly and Ors. - (High Court of Uttarakhand) (09 May 2016)

Uttarakhand MLAs not towing party line ‘voluntarily’ gave up membership: HC

MANU/UC/0023/2016

Civil

Dismissing a petition by nine Congress Members of the Uttarakhand Legislative Assembly, Nainital High Court noted that the conduct of the members had established their ‘voluntarily giving up membership of their political party’. That they had not become members of any other political party held no sway.

That Uttarakhand’s recent tryst with President’s Rule stemmed from nine members of the ruling party going against party wishes would not be an unreasonable assessment. The members had been vociferous, not only against the Appropriation Bill for the State, but also of the unconstitutional manner in which the Assembly was conducted. Their efforts earned them dismissal from the Indian National Congress and led to, an alleged, sham disqualification and suspension by the Speaker.

The court steered clear of an in-depth assessment of the facts. It instead opined: “a political party functions on the strength of shared beliefs…political stability depends on such shared beliefs… any freedom of its members to vote as they please independently of the political party’s declared policies will not only embarrass its public image…but also undermine public confidence.”

Relevant : Mohmed Inayatullah vs. the State of Maharashtra MANU/SC/0166/1975 Kihoto Hollohan vs. Zachillhu & others MANU/SC/0753/1992

Tags : UTTARAKHAND   MLA   POLITICAL PARTY   MEMBERSHIP   DISOBEDIENCE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved