Maharashtra: 'Skipping meet no ground for disqualification'

maharashtra: 'skipping meet no ground for disqualification'
© Provided by The Times of India

MUMBAI: The political drama unfolding in Maharashtra now has legal experts divided too on whether disqualification can be sought for the ‘rebels’ in Shiv Sena. However, most are in agreement that the MLAs cannot be disqualified on grounds of not attending recent party meetings as that is outside the ambit of legislative affairs. The party’s petition to the deputy speaker seeking disqualification of 16 MLAs including rebel leader Eknath Shinde has sought to invoke para 2 (1) (a) of the 10th Schedule of the Indian Constitution, which governs ‘disqualification on grounds of defection’.

A counsel said the party may be relying on a 2019 SC order in a Karnataka case to argue that the actions of the MLAs would “portray defection.” The Sena plea is that at a “crucial time” during “uncertainty” when the party needed to consolidate, meetings were called on June 21-22 and despite notices, these MLAs did not attend and instead left for Surat and Guwahati.

The plea said BJP, in a conspiracy with these MLAs, is trying to topple the government and in these circumstances, their not attending the meetings amounted to voluntarily giving up membership of the party; remaining incommunicado and not responding to the call of the brass also shows that they have given up membership and hence they should be disqualified, it said.

However, former attorney general S G Aney said the disqualification process would be “void” legally as not attending the meetings would not amount to quitting the party. Lack of attendance at meetings “cannot be taken into the realm of legislature’s action and the speaker has no authority over the matter. At best it would be a matter for the party’s internal consideration for consequences on such unbecoming behavior,” said Aney.

Anil Sakhare, a senior counsel, also agreed that at this juncture it may not attract disqualification.

Senior counsel Prasad Dhakephalkar said the situation is “still very fluid” but if by their conduct it can be shown that they have left the party, then it may attract disqualification. “But rebels can claim merger,” he added. To overcome any threat of disqualification they have to show 2/3rd members of a party have merged with another party.

Under the 10th Schedule paragraph 4, disqualification on grounds of defection would not apply in case of a merger with another party. “It will eventually depend on the facts which at the moment are not all clear,” said another senior counsel from Delhi. He added, “At this stage prima facie, there can be no disqualifications since not attending the meeting does not amount to voluntarily giving up the membership of the party. It would depend on the explanation that the member may give. A party cannot single out a few members if there is support of two-third members in the rebel faction. The Karnataka case was different on facts.”

“At the party level, you can take action. They have been representing their constituencies. But when they say they have two-third members on their side, they effectively have secured protection to not be disqualified and be termed as people who ought to be disqualified,” said Aney.

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Palay-Palay  National ParkAbout PagudpudFive Levels of Aguinid FallsIntroducing San Pascual, MasbateMount Manmanoc ItineraryAdventures in Fortune Island of Nasugbu | LakwatseroNext Level Mobile Photography with Sony Xperia XZ1 | LakwatseroScuba Diving in Siargao: Discovering the Underwater Treasures of Daku Island | LakwatseroAbout Davao CityHow to Get to AndaJanuary: Cebu & IloiloHow to Get to Mines View ParkKamay ni Hesus: Pilgrimage Site in Lucban | LakwatseroPoon Hill: Three Days of Himalayan AdventureCalvary Hill Cemetery of SagadaHow to Get to TambobongMilford SoundTen Things To Do in Sagada: Bucket List for NewbiesDahoyhoy FallsPilot for a Day: The Ultra Light Aircraft Experience | LakwatseroReal Coffee and Tea Cafe of Boracay | LakwatseroGhorepani Poon Hill TrekAbout Maniwaya IslandHow to Get to Binanga FallsPalo Alto Falls of Baras, Rizal | LakwatseroExplore Moscow: Best Things to Do in the City | LakwatseroStairway to HeavenMount Guiting-Guiting Overnight Trek Complete ItineraryCape Melville LighthouseLa Cathedral Café: Restaurant with a View in IntramurosKapurpurawan Rock Formation: White and BeautifulDay Hike ItineraryThe Sandbox at AlvieraHow to go to Mararison IslandA Weekend of Adventures in South Cebu and DumagueteCalayan Island: A Virtual Diary of Our Epic Journey | LakwatseroFaro de Isla Jintotolo (Jintotolo Island Lighthouse)Low’s PeakAbout Taal VolcanoHow to Get to Mag-aso Falls of BoholSamar: Biri Rock Formations Up Close | LakwatseroBonbon BeachIntroducing Jomalig IslandAbout Cotabato CityAbout TabukLeyte Landing Memorial: A Memorial for a Fulfilled Promise | LakwatseroSilyang Bato, Mount MaramiPanimahawa Ridge and Cedar Falls Day Hike ItineraryFun in the World’s Best IslandSample Albay ItinerariesMagpupungko Beach and Tidal Pools6 Tips for Living in the Philippines | LakwatseroDaraga Church: The Nuestra Señora dela Porteria ChurchTulgao Rice TerracesCape Melville Lighthouse (Faro del Cabo Melville)Canyoneering to Kawasan FallsLake FewaLong Weekend: Five-Day Suggested Itineraries in Luzon | LakwatseroAbout CaponesThe Wichcraft Café of Zamboanga City | LakwatseroHow to Get to GuiuanAll-Female FloorHow to Get to Neri’s VilleDiotay’s EateryShort but Sweet Melaka Getaway | LakwatseroHow to Get to Tinuy-An FallsOslob: The Lost Grandeur of Tumalog Falls | LakwatseroIlocos ItineraryDitumabo Falls: The Mother Falls of San Luis, Aurora!Biking in Kalinga: Trek and Bike to TabukParadise Garden: A Haven for Sea TurtlesSiargao: Magpupungko Beach and Tidal Pools | LakwatseroAbout Bucas GrandeCoral GardenSagadaA Walk in Sangay Siapo Island Before it is Gone? | LakwatseroAmbaguio-Akiki ItineraryCorregidor Island Lighthouse (Faro dela Isla de Corregidor)Faro de Punta de Malabrigo (Malabrigo Point Lighthouse)About CulionNaidi Hill LighthouseBoquete IslandHow to Commute to Temple of LeahCatanduanes: The Heritage Church of Bato | Lakwatsero1. White Water Rafting or KayakingMount Fuji Overnight Climb ItinerarySip & Gogh Paint Studio: Unleash Your Inner Van Gogh | LakwatseroBatanes ItineraryHow to Get to Quitinday HillsAbout Callao CaveDiscover LakawonBiking to Taal: A Fun Ride to Batangas’ Heritage TownAntique Blooming: The Rafflesia of San RemigioMalasimbo Lights and Dance FestivalBacolod ItineraryPoon HillAttractions in Mirador Heritage and Eco ParkHulhumale Public BeachRomblon Island: Bonbon Beach, Tiamban Beach & MoreAdventure in Sabah: White Water Rafting in Padas River | LakwatseroHow to Get to Hinakpan Mystical HillsWelcome to Lake SebuAbout CasiguranAbout BuscalanHow to Go to Kalanggaman IslandFaro de Cabo Bojeador (Cape Bojeador Lighthouse)Backpacking Maldives: Budget Itinerary, Expenses & TipsHow to Get ThereOffbeat Bohol Itinerary: 3D/2N of AdventuresHow to Get to Tawi-TawiAlona BeachPangilatan Falls: The Forgotten Gem of Tapaz, CapizWorld War I: SMS Cormoran II3D/2N Taiwan Itinerary: Taipei – Yehliu – ShiffenLaos for Backpackers: Getting There on a BudgetBasic RequirementsHow to Get to Antong FallsCathedral CaveHow to Go to Gubat, SorsogonAbout SadangaHow to Get to Bugui Point LighthouseHow to Get to Cabra Island LighthouseCebu Itinerary: Three-Day Adventures in the SouthAbout AndaLuna: A Day in the Show Window of Apayao | LakwatseroMargues Blue LagoonFinding Palaui’s Cape Engaño Lighthouse | LakwatseroHow to Get to Mantayupan Falls of Barili, CebuHow to Get to MaligcongLinapacan Islands: Between Paradise | LakwatseroKLIA to KLCCHow to Get to JomaligBanaug ShoalEspadang Bato – Payaran Falls Day Hike Itinerary10 Remarkable Philippine Destinations for Solo TravelMiagao Church: A UNESCO World Heritage Site in IloiloAbout Carbin ReefAbout Parola IslandCabra WreckageCobra Falls: Ozamiz City’s Best Kept SecretBasco: The Chapel on the Hill of Tukon | LakwatseroBack in Kathmandu’s Lovely Mess | LakwatseroHimalayan Adventure: Kathmandu to Pokhara Overland | LakwatseroItineraryChinatown Vancouver (Stop #23)Situbo Falls: Tampilisan's Awesome SurpriseHow to Get to Inambakan FallsTuasan Falls: Another Camiguin’s Charmer | LakwatseroHow to Get to Lake SebuMarinduque Loop: Biking in the Heart of the Philippines1. 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