Section 4 of CoI : Section 4: Disqualification on ground of defection not to apply in case of merger.

Explanation using Example

Example 1:

Rajesh is a member of the Legislative Assembly from Party A. Party A decides to merge with Party B. Rajesh, along with 70% of the members of Party A, agrees to the merger. According to Section 4 of the Tenth Schedule of the Constitution of India, Rajesh will not be disqualified for defection because more than two-thirds of the members of Party A have agreed to the merger. Rajesh can now either become a member of Party B or choose to function as a separate group. In either case, he will not face disqualification.

Example 2:

Priya is a member of the Parliament from Party X. Party X merges with Party Y. Priya and 60% of the members of Party X do not agree with the merger and decide to form a separate group. Since less than two-thirds of the members of Party X have ...

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