IMKONG INCHERI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P. L. Aier, learned counsel for the petitioner. Also heard Mr. K. Meruno, learned Asstt. Solicitor General assisted by Mr. T. B. Jamir, learned Central Govt. Counsel for the Union of India and Mr. I. Jamir, learned Addl. Advocate General, Nagaland assisted by Mr. L.S. Jamir, learned Govt. Advocate, Nagaland for the State respondent.

(2.) By this writ petition, the 4(four) petitioners who are elected members of the Xth Nagaland Legislative Assembly as independent candidate elected from their respective Constituency have assailed sub-para (2) of the Paragraph 2 of the TENTH SCHEDULE of the Constitution of India being violative of the basic structure of the Constitution of India.

(3.) According to Mr. Aier, the learned counsel appearing on behalf of the petitioners the sole ground of challenge of the aforesaid provision is that sub-para (2) of Para 2 creates an unreasonable discrimination to an elected independent member to that of a nominated member to a House as enshrined in sub-para (3) of Para 2 of the TENTH SCHEDULE. His contention is that when a nominated member of a House is permitted to join any political party before the expiry of 6 (six) months from the date on which he takes his seat as a nominated member as per Sub-para (3) of Para 2, an elected member of a House has been debarred from joining any political party after being elected as independent candidate.