Amidst reports that at least seven of the 29 MLAs belonging to the Desiya Murpokku Dravida Kazhagam (DMDK), led by actor-politician Vijayakant, might cross vote in favour of the AIADMK-backed nominees in the June 29 poll for Rajya Sabha from Tamil Nadu, Election Commission sources said even if they do so the action would not attract disqualification under the 10{+t}{+h}Schedule of the Constitution of India (Article 102 (2) and 191 (2).

“As such, political parties cannot issue any whip, like they do in the Legislative Assembly, asking their MLAs to vote for a particular candidate. They can issue instructions but it is left to political organisations to take action as they deem fit if an MLA defies the party‘s order,” said a senior official of the EC.

He told The Hindu on Monday that whatever action a party takes against its MLAs outside the House would not be binding on their functioning inside the House.

If MLAs are expelled from the party and a letter is given in this regard to the Speaker, they could only be declared unattached members. However, their membership in the Assembly could not be taken away.