Maharashtra Crisis: Can Shiv Sena Disqualify Eknath Shinde Using Anti-Defection Law? | Explained

India | 3 days ago | 23-06-2022 | 04:00 pm

Maharashtra Crisis: Can Shiv Sena Disqualify Eknath Shinde Using Anti-Defection Law? | Explained

Maharashtra Crisis | New Delhi: Shiv Sena-led Maharashtra government is facing major political turmoil after Eknath Shinde decided to be a rebel. Shinde has taken several MLAs of the Shiv Sena to Guwahati, claiming that 40 out of 55 lawmakers in the state government support him and current CM Uddhav Thackrey must resign from the post. This has brought India’s anti-defection law into the spotlight.Also Read - Shiv Sena Ready To Exit MVA If Rebels MLAs..., Sanjay Raut Lays Down Condition As Maharashtra Crisis DeepensPassed and implemented in 1985, the Anti-defection law of India laid down the process to disqualify a member of the assembly or the Parliament if they defy the party leadership, resign from the party or shift to another political party. Also Read - Maharashtra Crisis LIVE: Congress Calls Party Meet In Mumbai After Sanjay Raut's MVA Exit RemarkThe 10th Schedule of the Parliament clarifies the rules and regulations around it. The disqualification has to be done by the presiding officer of the house. In Maharashtra, Narhari Sitaram Zirwal is the acting speaker of the house. Also Read - Draupadi Murmu: Who Are Santhals? Everything You Need To Know About Tribal Group | ExplainedYes and No. In the 10th Schedule of the Constitution, there is an exception when a member can save himself/ herself from disqualification. If two-thirds of members of the party of the defector join another party, he/ she will not be defected.In Maharashtra, if Shinde is able to merge 37 MLAs of Shiv Sena with BJP or any other party, he cannot be disqualified. The total MLAs of Shiv Sena at present are 55.However, until the members do not join any other party, Shinde can be subjected to disqualification under the rules specified by the Constitution.

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