The Supreme Court on 15 November 2010 declared that former SP leaders Amar Singh and Jaya Prada cannot be disqualified from Parliament under the anti-defection law if they defy the whip of their former party. Singh and Jaya Prada were apprehensive that their former party would use their expulsions to disqualify them from the House. They moved the court as they felt that that they may lose their seats in the Winter Session owing to a situation in which they are compelled to either obey their former party whip at the cost of their own freedom of speech in the House or face disqualification under the anti-defection law.
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