If there is any person born in the politics of Maharashtra who can shake the foundations of Thackeray family, then it is Eknath Shinde. He has made the ‘Thackeray’ family, which was dominant in the state politics, helpless. First the power was snatched, the party was snatched and now there are preparations to snatch more MPs. Out of 9 Lok Sabha MPs of Shiv Sena (Uddhav Balasaheb Thackeray), 6 MPs are now preparing to join the faction of Maharashtra Deputy Chief Minister Eknath Shinde.
Once again the discussion on anti-defection law has started in the country’s politics. The question in everyone’s mind is whether the MPs will be disqualified and whether the anti-defection law will apply to them or not. There is also a question whether these MPs will be able to join another group without being disqualified?
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What does the anti-defection law say?
Vishal Arun Mishra, Advocate on Record (AoR) in the Supreme Court, said, ‘Under the 10th Schedule of the Constitution, if an MLA or MP leaves his party and joins another party or votes against the party whip, he can be disqualified.’
Vishal Arun Mishra said, ‘Earlier, the solution used to be saved by the separation of one-third of the members. This protection was abolished after the 91st amendment in 2003. Now in such cases, merger of the party is the only constitutional safeguard. Even for merger, consent of 2/3rd party members is required.
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What is the decision of the Supreme Court?
Vishal Arun Mishra said, ‘In the year 2023, in the Shiv Sena case, the Supreme Court had clearly said that now having only 2-thirds support is not a defence. Members can survive only if the original party merges with another party and two-thirds of the members support it. The court also said that it is not just the number of MLAs, but the constitution and leadership structure of the party that decides which is the real party.
How can Shiv Sena (UBT) defend?
Shiv Sena (UBT) Lok Sabha leader Arvind Sawant has written a letter to the Lok Sabha Speaker saying that rebel MPs should not be given separate identity. He said the Constitution no longer recognizes separation of only two-thirds. The party called a parliamentary party meeting in Delhi, in which only 3 MPs arrived, while 6 remained absent. It is possible that MPs may be disqualified.
Will MPs be disqualified if they change parties?
Supreme Court advocate Vishal Arun Mishra said, ‘If these 6 MPs fulfill the two-thirds mark and announce the merger with the Shinde faction, then they can be saved on the basis of a decision of the Goa High Court.’
Also read: ‘BJP leaders trying to weaken Shiv Sena’, why was there ruckus in Sambhajinagar?
What was the decision of Goa High Court?
In the year 2019, 10 out of 15 Congress MLAs, more than two-thirds, had joined BJP. He was not disqualified. The court had said that merger with another party by two-thirds of the members of the legislature party would be considered valid under the 10th Schedule. However, this decision remained controversial. The petitioners and legal experts say that the merger should be of the parent political party and not just the MLAs. This matter is currently pending in the Supreme Court.
What are Shiv Sena’s lawyers saying?
Shiv Sena (UBT) lawyers argue that the merger should be done at the party level and cannot be decided by MPs alone. The parliamentary party is just a branch of the party. Therefore these MPs will not be able to escape disqualification.
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Now what can happen next?
If rebel MP Eknath Shinde joins the faction, Shiv Sena (UBT) will serve him a notice and demand disqualification action from the Speaker. The final decision has to be taken by the Lok Sabha Speaker, but this issue is also pending in the Supreme Court. Similar disputes are going on in many states, so everyone’s eyes are fixed on the decision. Vishal Arun Mishra said that although only the exercises are being done, the membership of the MPs will remain and the merger may also be approved.
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