Court : Jammu and Kashmir
Decided on : Nov-13-1981
..... the j. & k. constitution also provides in clear terms for the disqualification of members within the provisions of section 69 of the constitution.184. shri sorabji's contention that the rationale underlining the impugned lesislation being that a representative elected on a particular social, industrial, economic etc. programme of a certain party would be guilty of committing breach of faith with ..... out the same 'object'.110. it was to combat the evil of 'defection', that the impugned legislation was enacted, is stated in categorical terms in the said counter-affidavit. the rationale of the legislation, according to mr. sorabji is that a representative elected on a particular election manifesto commits a breach of faith to the electorate when, he deviates from the ..... defections simpliciter, though the restrictions are by virtue of the explanation to the section limited in their operation to disassociation from a 'recognised', political party or group only.88. the rationale behind the legislation, as canvassed by mr. sorabji, is that a representative of the people elected on the ticket of a political party, commits a breach of faith to the .....Tag this Judgment!