Can Ajit Pawar, 8 other NCP rebels avoid disqualification in Maharashtra?

Ajit Pawar has created an upheaval in Maharashtra politics. In a big move, he switched sides and joined the Shiv Sena and Bharatiya Janata Party government. The Nationalist Congress Party (NCP) leader took oath as deputy chief minister and eight other party leaders were sworn in as ministers. The Sharad Pawar-led NCP has filed a disqualification petition against Ajit and eight other dissidents with the Maharashtra Assembly Speaker Rahul Narwekar. The party has also written to the Election Commission of India conveying that Sharad Pawar, who founded the NCP in 1999, is the head of the party and that there is no change in leadership. It also stated that party leaders from all districts stand firmly with the senior Pawar. Maharashtra NCP president Jayant Patil said that the party had moved a disqualification petition against Pawar and eight others who took oath as ministers in the Eknath Shinde-led government. Taking a jibe at the rebels, he said that “nine MLAs cannot be a party”. The petition for disqualification was filed after instructions from Sharad Pawar, according to sources. On Monday, the Discipline Committee of NCP on Monday passed a resolution against Ajit Pawar and eight other rebel MLAs. “These defections were done in such a secretive manner, without the knowledge or consent of the Party President, amounts to the desertion of the party which in turn invites disqualification,” it read. But can Ajit Pawar be disqualified? We take a look at the anti-defection law. Also read: Ajit Pawar’s Maha shocker: What led him to revolt against his uncle Sharad Pawar? How much support does Ajit Pawar have? While nine NCP leaders, including Ajit Pawar, took oath as ministers in the Maharashtra government, sources in the BJP say that the rebellion faction claims to have the support of more than 40 out of NCP’s 53 MLAs in the state Assembly. To avoid the provisions of the anti-defection law, Ajit will need the support of more than 36 MLAs. Now the Maharashtra Cabinet consists of nine ministers from the BJP, nine from the Shiv Sena and nine from the NCP. This includes Chief Minister Eknath Shinde and the two deputy CMs Devendra Fadnavis and Ajit Pawar. The Cabinet can have up to 43 members. [caption id=“attachment_12817572” align=“alignnone” width=“640”] NCP leader Ajit Pawar’s decision to rebel against his uncle Sharad Pawar has plunged the party into a crisis. File photo/PTI[/caption] In a press conference, where Ajit appeared with senior party leader Praful Patel, he claimed he has the support of almost the entire NCP. He also staked claim to the party name and symbol, a move that is reminiscent of Eknath Shinde’s rebellion and split from the Shiv Sena. Ajit’s next move would be to approach the Election Commission and prove that he is the original NCP. Until then, he faces disqualification under the current laws, according to a report by NDTV. Also read: Explained: How Ajit Pawar's move echoes Sharad Pawar's 1978 rebellion What is the anti-defection law? The Tenth Schedule of the Constitution seeks to prevent political defections which may be prompted by a reward of office or other similar consideration. A member is said to have “defected” when they have abandoned a position or association, often to join an opposing group. The Rajiv Gandhi government introduced the law in 1985 via the 52nd constitutional amendment. It intended to deter “the evil of political defections” by legislators motivated by the lure of office or other considerations and set out provisions for the disqualification of elected members on the grounds of defection to another political party. It was brought in after various state governments were toppled by party-changing MLAs after the 1967 general election. The law applies to both the Parliament and state Assemblies. [caption id=“attachment_12817582” align=“alignnone” width=“640”] NCP leader Jayant Patil said that the ’nine MLAs cannot be a party’. PTI[/caption] When can an MP or MLA be disqualified? Lawmakers and legislators can be disqualified if: 1) If an elected member gives up his membership of the party voluntarily. 2) If the MLA or MP abstains from voting in the house, going against the party’s direction. 3) If any independently elected member joins any political party. 4) If a nominated member joins any political party after six months. When does anti-defection law not apply? The law has a provision to protect rebel legislators from disqualification. When first introduced, it had the one-third rule: “Defection” by one-third of the elected members of a political party was considered a “merger” and they would not be subjected to disqualification. However, in 2003, the then-Atal Bihari Vajpayee government via the 91st Constitutional Amendment made a change. It requires at least two-thirds of the party members to avoid facing anti-defection charges during a split. The exemption from disqualification, if one-third of the members form a separate group, was removed. [caption id=“attachment_12817592” align=“alignnone” width=“640”] NCP supporters protest against Maharashtra deputy CM Ajit Pawar and other party leaders who joined the state cabinet, outside the NCP office at Ballard Estate, in Mumbai, Sunday. PTI[/caption] Who is the decision-maker? Speakers have the authority to decide on instances of defection, as granted by the legislation. However, concerns have been raised during debates over the law that involving speakers in defection cases could create unnecessary conflicts for their office. What will happen in Ajit Pawar’s case? This remains to be seen. While Ajit Pawar claims to have the support of 40 of the 53 NCP MLAs, it is a fast-developing situation. With inputs from agencies Read all the Latest News, Trending News,  Cricket News, Bollywood News, India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.