https://www.taxtmi.com/caselaws?id=184574 Conduct inconsistent with party allegiance can amount to "voluntarily giving up membership" under anti-defection law, and the Speaker may infer such conduct from surrounding facts rather than formal resignation. The procedural rules made by the Speaker regulate the process under the Tenth Schedule but are not themselves constitutional mandates; review is limited to constitutional infirmity, mala fides, breach of natural justice, or perversity. The text also notes that the split exception applies only where a genuine faction has at least one-third strength, and that an operative judicial stay must be respected when counting members for that threshold. On the stated facts, the two disqualifications were upheld, while the split-based challenge succeeded. en-us Wed, 09 Feb 1994 00:00:00 +0530 Sat, 20 May 2017 17:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184574 Conduct inconsistent with party allegiance can amount to "voluntarily giving up membership" under anti-defection law, and the Speaker may infer such conduct from surrounding facts rather than formal resignation. The procedural rules made by the Speaker regulate the process under the Tenth Schedule but are not themselves constitutional mandates; review is limited to constitutional infirmity, mala fides, breach of natural justice, or perversity. The text also notes that the split exception applies only where a genuine faction has at least one-third strength, and that an operative judicial stay must be respected when counting members for that threshold. On the stated facts, the two disqualifications were upheld, while the split-based challenge succeeded. Case-Laws Indian Laws Wed, 09 Feb 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184574