The Supreme Court ruled on November 12, 2024, that a Member of (MP) will not lose their seat unless they switch their political identity and stay in under that new identity.
This decision came as the court upheld a suit by the Majority Leader in , , interpreting Article 97(1)(g) and (h) of the Constitution as applicable only to the current term of .
In its judgment, the court stated, "The only plausible conclusion from a holistic and contextual reading of Article 97(1)(g) and (h) is that an MP's seat shall be vacated upon departure from their elected party in to join another party while seeking to remain in as a member of the new party." The court also noted that an independent MP who joins a party in must vacate their seat as an Independent Member.
The court emphasized that Article 97(1)(g) and (h) only apply within the current term of and not to MPs contesting future elections under a different political identity. "Article 97(1)(g) and (h) must be understood within their contextual framework, with no indication that they pertain to future electoral aspirations," the court held.