New Delhi: Legal experts said the
anti-defection law came into force immediately after the election result was declared and it would apply to an elected representative if he/she abstained from taking oath in order to reduce the effective strength of the House to help another party prove its majority.
Senior advocate Amarendra
Saran said the law became operative after an election. "There is no question of an
MLA getting exempted from anti-defection law before taking oath. The law immediately comes into force after result is declared and the elected representative will have to follow the instruction of the party on whose symbol he contested and won election," Saran said.
Former Jharkhand HC judge
Ajit Sinha, however, said if an MLA abstains from taking oath, then the majority is decided on the basis of the effective strength of the House and the floor test would go ahead.