- (1.) I have had the privilege of going through the judgement of Hon'ble the Chief Justice expressing his views elaborately and illustratively on the issues involved but find myself unable with great respect, to subscribe with the analysis done and findings arrived at and consequently with the outcome of the judgement.
(2.) I have also gone through the judgement prepared by Hon'ble Jagdish Bhalla, J and I find myself in agreement with the reasoning given by him and the conclusions arrived at and while supporting his view, I pronounce on the issues involved and the controversy raised, as under:
(3.) Unfret and unmoved by the electorate's concern and the people's cry that the member that they elect should adhere to the policies and programmes as propagated through their party's manifesto during elections and that they voted for a party in whose political, economic and social philosophy they have faith, the elected Members change their allegiance and loyalty very often, and they go in the camp of a rival political party completely ignoring the wish of their own constituency members. May be at times there is honest and ideological dissension leading to defection in a large scale and at times it may only be lure of office or money or other consideration which would prompt the elected member to part ways with his original political party from which he was elected and to support the other party. Voluntarily leaving the original political party from which the member has been elected to any House of Parliament or Assembly is known as floor crossing i.e. defection. If an elected member crosses floor with less than 1/3rd members of his legislature party in the House, he or all such members would incur disqualification and would stand disqualified from being the members of the Legislative Assembly for the remaining term of the House and can only come back on a fresh vote but in case a member crosses the floor with at least 1/3rd members of his legislature party or more by following the prescription given in Para 3 of the Tenth Schedule, the disqualification of defection would not stick to him.;