While doing so, a bench of Justices MR Shah and MM Sundresh said that post-poll alliance is allowed by anti-defection law and 10th schedule of the Constitution, subject to certain conditions.
” … it is required to be noted that under the provisions of the anti-defection law and even the 10th Schedule, post-alliance subject to certain conditions is permissible,” the Court said.
The 10th schedule of the Indian Constitution lays down anti-defection law, which provides the process by which legislators can be disqualified from their respective legislative assemblies/parliament for leaving the party on whose ticket he/she was elected, and joining another party.
Nitish Kumar’s party Janata Dal (United) [JD(U)] had won the 2020 assembly polls in alliance with BJP.
However, in August this year, JD(U) ended the alliance with BJP and went back to his earlier alliance partner, RJD, with Kumar sworn in as CM on August 10.
Source: Barandbench
