The petitioner Meenakshi Menon, a media and marketing professional and a founder trustee of NGO Vanshakti, has claimed that this provision was used by politicians for group defections and voters are betrayed because of such unabated group defections.
A public interest litigation (PIL) has been filed in the Bombay High Court seeking that a paragraph providing for the "split and merger" of political parties in the Tenth Schedule of the Constitution be declared as illegal and ultra vires and in contravention of its basic structure.
Advocate Ahmed Abdi for the petitioner submitted that while the voters give their votes to a particular party, legislators are being traded and the loophole for defection needs to be “sealed”.
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