TOKO LALIN Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) AGGRIEVED by the judgment and order, dated 17.08.2010, passed, in WP(C) 123(AP)/2010, dismissing the writ petition, the writ petitioner has preferred this appeal.

(2.) WE have heard Mr. P. K. Tiwari, learned counsel for the writ petitioner-appellant, and Mr. R. H. Nabam, learned Senior Government counsel, appearing for respondent Nos. 1 and 2. We have also heard Mr. B. C. Das, learned counsel, appearing for respondent No. 3.

(3.) BEFORE commenting on the grievances, which have been expressed on behalf of the appellant, what is worth noticing is that there are three specific circumstances, as mentioned in Section 3 of the Prohibition of Defection Act, whereunder a person may become disqualified from being a member of a political party, namely, (a) if he has voluntarily given up his membership; (b) if he votes or abstains from voting in, or intentionally remains absent from, any meeting of Zila Parishad or Anchal Samiti or Gram Panchayat contrary to any direction issued by the political party to which he belongs; and (c) under Section 3(2), a member elected, as an independent candidate, shall stand disqualified if he subsequently joins any political party.