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MLA Disqualified Under Anti Defection Law Can’t Become Minister

Supreme Court

The Supreme Court said on Thursday that if a member of the Legislative Assembly is found unfit under the anti-defection law, he cannot be made a minister for the remaining term of the Legislative Assembly even if he is nominated as a member of the Legislative Council.

At the same time, the Supreme Court upheld the decision of the Karnataka High Court that the disqualification of BJP MLA AH Vishwanath under the anti-defection law is to continue till May 2021.

With this, a bench of Chief Justice SA Bobde and Justices AS Bopanna and Justice V Ramasubramaniam dismissed the petition against the High Court’s order last year. With this decision of the Supreme Court, his hopes of becoming a minister in the state’s BS Yeddyurappa government came to an end.

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