On May 17, 2022, the Supreme Court made significant points regarding the presidential reference related to the interpretation of Article 63-A:

• Article 63-A: Under this article, a member of parliament can be disqualified on the grounds of defection.
• Voting Restrictions: If a parliamentarian votes against the directive of their parliamentary party or fails to participate in a no-confidence vote, they can be disqualified.
• Written Declaration: The party leader must make a declaration regarding the defector.
• Opportunity for Explanation: Before making the declaration, the party leader will allow the defector to explain themselves.
• Declaration Process: After hearing the member’s reasons, the party leader will send the declaration to the Speaker, who will forward it to the Chief Election Commissioner.
• 30-Day Period: The Chief Election Commissioner will have 30 days to verify the declaration.
• Outcome: If the Chief Election Commissioner confirms the declaration, the defector will no longer be part of the assembly, and their seat will become vacant.

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