The petitioner had argued that Article 191(1)(e) and the Tenth Schedule of the Constitution make it clear those who are disqualified under its provisions cannot re-contest during the term for which he or she was elected. It was stressed that this has to be implemented so as to ensure that the object of the law against defection is not defeated.
It was further contended that a member of the House who incurs disqualification under the Tenth Schedule “cannot be permitted to contest again during the term for which” they are elected.
“Article 172 makes a membership of a House coterminus with the term of 5 years of the House except in circumstances mentioned therein,” the plea had said.
Source: Barandbench
