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Nation / Thu, 17 Sep 2026 Bar and Bench

Voters vote for party, not representative: Supreme Court questions legislative majority test in Shiv Sena dispute

Justice Bagchi observed that while electoral numbers are relevant to the recognition of political parties, a question arises when legislators change their political allegiance after being elected. "Today, the voter actually votes for a party, not for the representative," Justice Bagchi observed. The judge then questioned whether the votes for a legislator who moves to another party after being elected can continue to be treated as reflecting support for the legislator and his new party. "Will that be a correct reflection? That is something that has not been considered in any of the decisions," Justice Bagchi said.

Justice Bagchi observed that while electoral numbers are relevant to the recognition of political parties, a question arises when legislators change their political allegiance after being elected.

"Today, the voter actually votes for a party, not for the representative," Justice Bagchi observed.

The judge then questioned whether the votes for a legislator who moves to another party after being elected can continue to be treated as reflecting support for the legislator and his new party.

"Will that be a correct reflection? That is something that has not been considered in any of the decisions," Justice Bagchi said.

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