Maharashtra political crisis: The anti-defection law and how many MLAs Eknath Shinde needs to split the Shiv Sena

Things are certainly heating up in Maharashtra politics with the crisis for the Maha Vikas Aghadi government comprising Shiv Sena, NCP and Congress threatening to spiral out of control. Even as the rebel MLAs –  dissident leader Eknath Shinde claims a total of 40 with him – earlier in Surat were shifted to Guwahati on security grounds, Chief Minister Uddhav Thackeray was diagnosed with COVID and Governor Bhagat Singh Koshyari himself admitted to hospital with coronavirus symptoms Now, Shiv Sena MP Sanjay Raut on Wednesday has hinted that Uddhav could ask Koshyari to dissolve the state Assembly. “The political developments in Maharashtra are headed towards dissolution of the state Assembly,” Raut said Now, the question is if Shinde has the numbers to split the party without facing disqualification under the anti-defection law. Let’s take a closer look at the law: What is it? The Tenth Schedule of the Constitution seeks to prevent political defections which may be prompted by reward of office or other similar consideration. The Rajiv Gandhi government introduced it in 1985 via the 52nd constitutional amendment. [caption id=“attachment_8732671” align=“alignnone” width=“640”]  File image of of former prime minister Rajiv Gandhi. Getty Images[/caption] Its intent was to deter “the evil of political defections” by legislators motivated by the lure of office or other considerations and set out provisions for disqualification of elected members on the grounds of defection to another political party. This law was brought in after various state governments were toppled by party-changing MLAs after the 1967 general elections. It brought in the one-third rule – that is a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’ and thus would not be subject to the provision of the law. However, in 2003, the then Atal Bihari Vajpayee government via the 91st Constitutional amendment made a change – requiring at least two-third of the party members to avoid facing anti-defection charges during a split. It consists of the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature. This will be taken forward when a member of the House moves a petition against a certain defecting member. The law ensures that a member does not violate mandate of the party, and if he does, he may lose his membership of the House. This is applicable to both the Parliament and the state Assemblies. What qualifies as ‘defection’? A member is said to have ‘defected’ when he or she either has abandoned a position or association, often to join opposing group. When can an MLA or MP be disqualified?

• If an elected member gives up his membership of the party voluntarily
• If the MLA or MP abstains from voting in the house, going against the party’s direction
• If any independently-elected member joins any political party
• If a nominated member joins any political party after six months**.**

Who is the final arbiter? The Speaker or the Chairman of the House. The Speaker’s ruling is final. What could happen next? It all depends whether or not Shinde has the numbers. While Shinde claims he has 40 MLAs with him, speculation is that number is closer to two dozen. That’s far short of the two-third of the Sena’s tally of 55 MLAs – 37 MLAs – Shinde needs in order not to be disqualified. If the disqualification motion is moved, Shinde’s revolt could go up in smoke. And if he has the numbers? [caption id=“attachment_10822481” align=“alignnone” width=“640”]  Maharashtra governor Bhagat Singh Koshyari. ANI[/caption] The new group headed by Shinde would intimate Koshyari via a letter. The governor would then ask Uddhav to prove his majority on the House floor. Uddhav could either prove his majority or resign. Koshyari may then ask the Opposition party, that is the BJP, to submit a letter with the support of new legislators. A new chief minister could be sworn-in and prove the majority on the floor of the House. 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.