A case has been filed in the High Court seeking to quash the clause of the Anti-Defection Act that requires MPs to resign if they cross the floor.

An individual petitioned High Court seeking repeal of Clause 3 of the Anti-Defection Act, claiming that requiring MPs to resign is unconstitutional.

If an MP who was elected on a political party ticket leaves the party or changes to a different party, the MP would have to resign within a week.

But MPs have the discretion to file a court case. If the court rules against the MP and Parliament is informed of the decision, the MP would have to resign.

Under the Act which was ratified earlier this year, even independent MPs must resign if they sign up for a party during the term.

The individual said he decided to petition because the Supreme Court had earlier ruled that filing a constitutional case is a right of every person under the Constitution.