Stung by a rebellion that threatens his government, Maharashtra CM Uddhav Thackeray and his team are now preparing to take on Eknath Shinde and his camp legally, with Shiv Sena counsel Devdutt Kamat saying that the two-thirds majority – required to dodge the anti-defection law – in the rebel group will apply only if there is a merger.
“The concept of 2-3rd (to surpass anti-defection law) applies only if there is a merger. Until the MLAs don’t merge with another party, disqualification applies. Till today, there’s no merger, they have voluntarily given up membership,” said the legal advisor-cum-counsel for Shiv Sena.
Shinde is camping in Guwahati and claims the support of over 40 Shiv Sena and Independent MLAs. The rebel ranks swelled further on Sunday as Maharashtra minister Uday Samant landed in Guwahati to join the group. On paper, Shiv Sena has 55 MLAs in the Maharashtra assembly.
On Saturday, rebel MLA Deepak Kesarkar said the group enjoys a two-thirds majority in the legislature party and will prove its strength in the House but will not merge with any other political party. Kamat said the concept of a merger was introduced in 2003.
But Kamat — flanked by Shiv Sena chief spokesman and Lok Sabha MP Arvind Sawant — told reporters in Mumbai, “A legislature party is not supreme and majority in the legislature party has no meaning (if) it is formed from the original party.”
Kamat also said the Deputy Speaker of the Maharashtra Assembly has full powers to adjudicate in the absence of the Speaker. “Under the Constitution, the deputy speaker has the power of the speaker in the latter’s absence and can adjudicate on such matters,” he added.
The Maharashtra legislature secretariat had issued ‘summons’ to 16 rebel Shiv Sena MLAs, including senior minister Eknath Shinde, seeking written replies by the evening of June 27 to the complaints seeking their disqualification.
Kamat said disqualification proceedings have been initiated against the 16 rebel MLAs as per para 2.1.A of the 10th schedule of the Constitution.
Kamat said disqualification applies to them until they merge with another political outfit. “Several verdicts of the Supreme Court had shown that actions of legislators outside the House amount to the anti-party activity and they are liable to be disqualified. They haven’t responded to the party directives to attend meetings convened,” he said.
Meanwhile, the Shinde camp on Sunday took the battle to Supreme Court and filed a petition against the disqualification notices served to 16 MLAs. The plea also challenged the appointment of Ajay Choudhari as the Shiv Sena Legislature Party leader and the rejection of their no-confidence motion against the deputy speaker.
The Maharashtra political tussle has been playing out for almost a week now after Shinde’s rebellion brought the Uddhav government to the brink of collapse. The rebel MLAs have asserted that they are Shivsainiks of Bal Thackeray and demanded that party president Uddhav Thackeray walk out of the Maha Vikas Aghadi and revive ties with former partner BJP.
(With PTI inputs)
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