Disqualifications for membership
Articles 102 (Constitution of India)
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State-
(a)if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder
(b) if he is of unsound mind and stands so declared by a competent court
(c) if he is an undischarged insolvent
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State
(e) if he is so disqualified by or under any law made by parliament.
Explanation.-For the purposes of this clause. a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State.
(2) A person shall be disqualified for being a Member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule
TENTH SCHEDULE
Articles 102(2) and 191(2)
Provisions as to disqualification on ground of defection.
1. Interpretation
– in this Schedule, unless the context otherwise requires,-
(a) “House” means either House of Parliament or the Legislative Assembly or, as the case may be, either House of the Legislature of a State
(b) “legislature party,” in relation to a member of a House belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 4, means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions
(c)“original political party,” in relation to a member of a House, means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2;
(d) “paragraph” means a paragraph of this schedule.
2. Disqualification on ground of defection
(1) Subject to the provisions of [paragraphs 4 & 5], a member of a House belonging to any political party shall be disqualified for being a member of the House-
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
Explanation.- For the purposes of this sub-paragraph.
(a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member;
(b) a nominated member of a House shall;-
(i) where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party;
(ii) in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.
(2) An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.
(3) A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.
(4) Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the Constitution (Fifty-second Amendment) Act, 1985, is a member of a House (whether elected or nominated as such) shall.-
(i) where he was a member of a political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such House as a candidate set up by such political party;
(ii) in any other case, be deemed to be an elected member of the House who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, be deemed to be a nominated member of the House for the purposes of sub-paragraph (3) of this paragraph.
4. Disqualification on ground of defection not to apply in case of merger. –
(1) A member of a House shall not be disqualified under sub-paragraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party-
(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or
(b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph.
(2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.
5. Exemption.-
Notwithstanding anything contained in this schedule, a person who has elected to the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this Schedule,-
(a) if he, by reason of his election to such office, voluntarily gives up the membership of the political party to which he belonged immediately before such election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or
(b) if he, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office.
6. Decision on questions as to disqualification on ground of defection.-
(1) If any question arises as to whether a member of a House has become subject to disqualification under this schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final:
Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final.
(2) All proceedings under sub-paragraph (1) of this paragraph in relation to any question as to disqualification of a member of a House under this schedule shall be deemed to be proceedings in Parliament within the meaning of article 122 or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212.
7. Bar of jurisdiction of courts.-
Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this schedule.
8. Rules. –
(1) Subject to the provisions of sub-paragraph (2) of this paragraph, the Chairman or the Speaker of a House may make rules for giving effect to the provisions of this Schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide for-
(a) the maintenance of registers or other records as to the political parties, if any, to which different members of the House belong;
(b) the report which the leader of a legislature party in relation to a member of a House shall furnish with regard to any condonation of the nature referred to in clause (b) of sub-paragraph (1) of paragraph 2 in respect of such member, the time within which and the authority to whom such report shall be furnished;
(c) the reports which a political party shall furnish with regard to admission to such political party of any members of the House and the officer of the House to whom such report shall be furnished; and
(d) the procedure for deciding any question referred to in sub-paragraph (1) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question.
(2) The rules made by the Chairman or the Speaker of a House under sub-paragraph (1) of this paragraph shall be laid as soon as may be after they are made before the House for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the House and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect.
(3) The Chairman or the Speaker of a House may, without prejudice to the provisions of article 105 or,as the case may be, article 194, and to any other power which he may have under this Constitution direct that any wilful contravention by any person of the rules made under this paragraph may be dealt with in the same manner as a breach of privilege of the House.
The Haryana Legislative Assembly (Disqualification of Members on Ground of Defection) Rules, 1986
Disqualification of Members on Ground of Defection :-
|
Sr. No. |
Date when Petition filed |
Name (S) of Petitioner(S) |
Name (S) of respondent (S) |
Ground(s) of Petition(s) |
Name of Hon’ble Speaker & decision |
|
1. |
27-12-1989 |
Sh. Udai Bhan, MLA |
Sh. Tayyab Hussain, MLA |
Voluntarily giving up membership of Lok Dal (B) Party and joining Congress (I) Party |
Hon’ ble Speaker Sh Harmohinder Singh Chatha Dismissed the petition as withdrawn vide order dated 05.03.1991. |
|
2. |
16-01-1990 |
Shri P.S. Chauhan, Advocate |
Dr. Kirpa Ram Punia, MLA |
Voluntarily disassociated with Janta Dal Party |
Hon’ ble Speaker Sh Harmohinder Singh Chatha Dismissed the petition as withdrawn vide order dated 02.02.1990. |
|
3. |
17-12-1990 |
Shri Banarsi Dass Gupta, MLA |
Sarvashri Vasu Dev Sharma, Rao Ram Narain and Azmat Khan, MLAs |
Voluntarily giving up membership of Janta Dal Legislature Party |
Hon’ ble Speaker Sh Harmohinder Singh Chatha allowed the petition on 26-03-1991 and disqualified the respondent from the membership of the house. |
|
4. |
31-07-1991 |
Shri Ram Bilas Sharma, MLA |
Shri Kharaiti Lal Sharma, MLA |
Voluntarily giving up membership of BJP |
Hon’ ble Speaker Sh. Ishwar Singh Dismissed the petition on 10.04.1992. |
|
5. |
29-04-1993 & 23-06-93 |
Shri Karan Singh Dalal, MLA and Shri Chattar Singh Chauhan,MLA |
DR. Om Parkash Sharma, MLA |
Voluntarily giving up membership of Haryana Vikas Party |
Hon’ ble Speaker Sh. Ishwar Singh Dismissed the petition on 01.12.1993 |
|
6. |
25-01-1997 |
Shri Virender Pal, MLA |
S/Shri Charan Dass Shorewala and Vinod Kumar Maria, MLAs |
Voluntarily giving up membership of Samta Party |
Hon’ ble Speaker Sh. Chattar Singh Chauhan Dismissed the petition on 26.06.1998 |
|
7. |
01-12-1999 |
Shri Narpender Singh, MLA |
Shri Subhash Chaudhary, MLA |
Voluntarily giving up membership of his party and obstaining from voting in the House contrary to the direction of the chief Whip |
Hon’ ble Speaker Sh. Ashok Arora Dismissed the petition on 01.03.2000 |
|
8. |
01-12-1999 |
Shri Narpender Singh, MLA |
Sh. Ram Sarup Rama,MLA |
Voluntarily giving up membership of his party and obstaining from voting in the House contrary to the direction of the chief Whip |
Hon’ ble Speaker Sh. Ashok Arora Dismissed the petition on 01.03.2000 |
|
9. |
01-12-1999 |
Shri Narpender Singh, MLA |
Shri Jagdish Nayyar, MLA |
Voluntarily giving up membership of his party and obstaining from voting in the House contrary to the direction of the chief Whip |
Hon’ ble Speaker Sh. Ashok Arora Dismissed the petition on 01.03.2000 |
|
10. |
01-12-1999 |
Shri Narpender Singh, MLA |
Sh. Jagdish Yadav, MLA |
Voluntarily giving up membership of his party and obstaining from voting in the House contrary to the direction of the chief Whip |
Hon’ ble Speaker Sh. Ashok Arora Dismissed the petition on 01.03.2000 |
|
11. |
31-12-2003 |
Shri Jasbir Malour, MLA |
Shri Jagjit Singh Sangwan, MLA |
Voluntarily giving up membership of his political party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 25-06-2004 |
|
12. |
31-12-2003 |
Shri Jasbir Malour, MLA |
Shri Karan Singh Dalal, MLA |
Voluntarily giving up membership of his original political party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 25.06.2004. |
|
13. |
15-06-2004 |
Shri Nafe Singh Rathi,MLA |
Shri Moola Ram ,MLA |
Voluntarily joining the political party i.e. Indian National Congress even being independent. |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 05.11.2004. |
|
14. |
15-06-2004 |
Shri Krishan Lal, MLA |
Shri Udai Bhan, MLA |
Voluntarily joining the political party i.e. Indian National Congress even being independent. |
The respondent resigned from the membership on 11-01-2005 and accepted by the Hon’ ble Speaker on 12-01-2005. |
|
15. |
15.06.2004 |
Shri Nafe Singh Rathi,MLA |
Shri Dev Raj Diwan, MLA |
Voluntarily joining party i.e. Indian National Congress even being independent. |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 25.06.2004. |
|
16 |
15-06-2004 |
Shri Nafe Singh Rathi,MLA |
Shri Bhim Sain, MLA |
Voluntarily joining political party i.e. Indian National Congress even being independent. |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 25.06.2004. |
|
17 |
15-06-2004 |
Shri Krishan Lal, MLA |
Shri Tejvir Singh, MLA |
Voluntarily joining political party i.e. Indian National Congress even being independent. |
The respondent resigned from the membership on 11-01-2005 and accepted by the Hon’ ble Speaker on 12-01-2005. |
|
18. |
15-06-2004 |
Shri Nafe Singh Rathi, MLA |
Shri Rajender Singh Bisla, MLA |
Voluntarily joining political party i.e. Indian National Congress even being independent. |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 25.06.2004. |
|
19. |
15-06-2004 |
Shri Nafe Singh Rathi, MLA |
Shri Jai Parkash, MLA |
Voluntarily joining political party i.e. Indian National Congress even being independent. |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 25.06.2004. |
|
20. |
15-06-2004 |
Shri Nafe Singh Rathi, MLA |
Shri Daryab Singh, MLA |
Voluntarily joining political party i.e. Indian National Congress even being independent. |
Hon’ ble Speaker Sh. Satbir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 05.11.2004. |
|
21. |
02-01-2008 |
Shri Shadi Lal Batra, MLA |
Shri Bhajan Lal, MLA |
Forming a new political Party under the name and banner of Haryana Janhit Congress (BL) Party |
Hon’ ble Speaker Sh. Raghuvir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 25.03.2008. |
|
22. |
02-01-2008 |
Shri Jitender Singh Malik, MLA |
Shri Dharam Pal Singh Malik, MLA |
Forming a new political Party under the name and banner of Haryana Janhit Congress (BL) Party |
Hon’ ble Speaker Sh. Raghuvir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 13.03.2008. |
|
23. |
28-12-2007 |
Shri Ramesh Gupta, MLA |
Shri Rakesh Kamboj, MLA |
Forming a new political Party under the name and banner of Haryana Janhit Congress (BL) Party |
Hon’ ble Speaker Sh. Raghuvir Singh Kadian allowed the Petition and respondent had been disqualified from the membership of the House vide order dated 13.03.2008. |
|
24. |
09-12-2009 |
Shri Kuldeep Bisnoi, MLA |
Sh. Vinod Bhayana, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
25. |
09-12-2009 |
Shri Kuldeep Bisnoi, MLA |
Sh. Narender Singh, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
26. |
09-12-2009 |
Shri Kuldeep Bisnoi, MLA |
Sh. Satpal Sagwan, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
27. |
09-12-2009 |
Shri Kuldeep Bisnoi, MLA |
Sh. Zile Ram Sharma, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
28. |
09-12-2009 |
Sh. Kuldeep Bisnoi, MLA |
Sh. Dhaam Singh, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
29. |
02-02-2010 |
Sh. Ashok Arora, MLA |
Sh. Satpal Sagwan, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
30. |
02-02-2010 |
Sh. Ashok Arora, MLA |
Sh. Narender Singh, MLA Vinod Bhayana, MLA Zile Ram Sharma, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
31. |
02-02-2010 |
Sh. Ashok Arora, MLA |
Sh. Dharm Singh, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
32. |
03-02-2010 |
Sh. Sher Singh Barshami, MLA |
Sh. Dharm Singh, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
33. |
03-02-2010 |
Sh. Sher Singh Barshami, MLA |
Sh. Satpal Sagwan, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
34. |
03-02-2010 |
Sh. Sher Singh Barshami, MLA |
Sh. Narender Singh, MLA Vinod Bhayana, MLA Zile Ram Sharma, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
35. |
23-02-2010 |
Dr. Ajay Singh Chautala, MLA |
Sh. Narender Singh, MLA Vinod Bhayana, MLA Zile Ram Sharma, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
36. |
23-02-2010 |
Dr. Ajay Singh Chautala, MLA |
Sh. Dharam Singh, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
37. |
23-02-2010 |
Dr. Ajay Singh Chautala, MLA |
Sh. Satpal Sagwan, MLA |
Voluntarily giving up membership from Haryana Janhit Congress (BL) party and joining Indian National Congress Party |
Hon’ ble Speaker Sh. Kuldip Sharma dismissed the Petition on dated 13-01-2013 |
|
38. |
22-02-2011 |
Sh. Sher Singh Barshami, MLA |
Sarvshri Om Parkash Jain, Minister, Gopal Kanda, Minister, Shiv Charan Sharma, Minister, Sukhbir (Kataria), Minister,Parlad Singh Gillankhera, CPS.,Sultan (Jadaula), CPS. And Jaleb Khan, CPS. |
Voluntarily joining the Indian National Congress Party |
Since Sarvshri Om Parkash Jain, Gopal Kanda, Shiv Charan Sharma, Sukhbeer (Kataria), Parlad Singh Gillankhera, Sultan(Jadaula) and Jaleb Khan were not the Members of Haryana Legislative Assembly due to term of the Twelfth Assembly expired on 27.10.2014, the petition had become infructuous. So the petition stands disposed of accordingly vide order dated 22.06.2015 of Hon’ble Speaker Sh. Kanwar Pal. |
|
39 |
25-08-2014 |
Sh. Rajbir Singh Barara, MLA |
Sh. Krishan Lal Kamboj, MLA |
Voluntarily giving up membership of his original political party i.e Indian National Lok Dal and joining The Haryana Lokhit Party. |
Since Sh. Krishan Lal Kamboj was not a Member of Haryana Legislative Assembly due to term of the Twelfth Assembly expired on 27.10.2014, the petition had become infructuous. So the petition stands disposed of accordingly vide order dated 22.06.2015 of Hon’ble Speaker Sh. Kanwar Pal. |
|
40 |
25-03-2019 |
Sh. Balwan Singh Daulatpuria, MLA |
Sh. Pirthi Singh MLA, Sh. Rajdeep MLA, Smt. Naina Singh Chautala MLA and Sh. Anoop Dhanak MLA |
Voluntarily giving up the membership of their original party i.e. Indian National Lokdal (INLD) |
Hon’ ble Speaker Sh. Kanwar Pal allowed the Petition on 10.09.2019 and all the respondents had been disqualified from the membership of the House w.e.f. 27.03.2019. |
|
41 |
25-03-2019 |
Sh. Balwan Singh Daulatpuria, MLA |
Sh. Ranbir Gangwa, MLA |
Voluntarily giving up the membership of his original party i.e INLD and joining Bhartiya Janta Party. |
Since Sh. Ranbir Gangwa against whom the petition had filed was no more a Member of Haryana Legislative Assembly, the petition had become infructuous. So the petition stands disposed of accordingly vide order dated 27.03.2019 of Hon’ble Speaker Sh. Kanwar Pal. |
|
42 |
26-03-2019 |
Sh. Ravinder Baliala, MLA |
Sh. Kehar Singh, MLA |
Voluntarily giving up the membership of his original party i.e INLD and joining Bhartiya Janta Party. |
Since Sh. Kehar Singh against whom the petition had filed was no more a Member of Haryana Legislative Assembly, the petition had become infructuous. So the petition stands disposed of accordingly vide order dated 27.03.2019 of Hon’ble Speaker Sh. Kanwar Pal. |
|
43 |
11-07-2019 |
Sh. Ram Chand Kamboj, MLA |
Sh. Naseem Ahmad, MLA |
Voluntarily giving up the membership of his original party i.e. Indian National Lokdal (INLD) |
Hon’ ble Speaker Sh. Kanwar Pal allowed the Petition on 10.09.2019 and the respondent had been disqualified from the membership of the House w.e.f. 26.07.2019. |
|
44 |
26-07-2019 |
Sh. Abhay Singh Chautala, MLA |
Sh. Pirthi Singh MLA, Sh. Rajdeep MLA, Smt. Naina Singh Chautala MLA and Sh. Anoop Dhanak MLA |
Voluntarily giving up the membership of their original party i.e. Indian National Lokdal (INLD) |
Hon’ ble Speaker Sh. Kanwar Pal allowed the Petition on 10.09.2019 and all the respondents had been disqualified from the membership of the House w.e.f. 27.03.2019. |
|
45 |
26-07-2019 |
Sh. Abhay Singh Chautala, MLA |
Sh. Naseem Ahmad, MLA |
Voluntarily giving up the membership of his original party i.e. Indian National Lokdal (INLD) |
Hon’ ble Speaker Sh. Kanwar Pal allowed the Petition on 10.09.2019 and the respondent had been disqualified from the membership of the House w.e.f. 26.07.2019. |