petition that they belonged to TDP. It was further alleged that a whip was issued directing the members of the Congress-I Party to abstain ... considered. The contention was that the consequence of issuance of a whip by the Congress-I Party was that the members of that party could
votes in disobedience to the directions issued by the party whip."
2. Clause (iii) of the Explanation to the said Rule is also relevant ... Officer shall, on receipt of a written report sent by the Party Whip to the effect that a Member belonging to his party has disobeyed
Court could take judicial notice of, there could not be any party whip which could be binding on the alleged defector and therefore, Section ... only a deterrant which ensures the command of the party whip or the discipline in the party. He relied on certain books on Constitutional
could not remain present. He referred to the
mandate (whip) at page 44 of the petition and submitted that
though the whip has been given ... emphasize about the controversy involved
with regard to the breach of any whip and the absence of the
petitioner. He also referred to the impugned
under Sub-section (1) of Section 153 in disobedience of the party whip shall cease to hold the office forthwith and the vacancy caused ... President and the proviso of the said section speaks about the party whip and the cessation of office of a member who disobeys the said
ground that they have incurred
disqualification on account of not observing the whip of the parties in
casting of votes for electing President and Vice ... Election Committee one Mr.Balubhai Patel, who was authorized to
issue whip and as such when party itself has condoned the act of
petitioners, there
Upendra Prasad Verma (respondent No. 3), being the Chief Whip of Janta Dal Legislative Party, issued a whip to the members of the Janta ... House with respect to the Session. It is stated, when the whip was issued, the petitioner was lying ill at Delhi and, therefore
scheduled on 27.07.2018. The President of Rajkot District Congress
Committee issued a Whip on 27.07.2018 by which it was declared
that all the members have ... decided by the party. It was further mentioned in
the said Whip that if any member of the party does not vote or
votes contrary
elect the parliamentary party leader and the
whip. Therefore, the fact that the alleged defectors had
notice of the said meeting for the purpose ... electing
also the whip and that the meeting was held, have been
found by the Commission. The convening of the said
meeting
Smt. Triveniben & Ors vs State Of Gujarat & Ors on 7 February, 1989
Equivalent
