Disqualification of MLAs

• Maharashtra Assembly Speaker Rahul Narwekar rejected disqualification petitions filed against 30 Shiv Sena MLAs from both factions citing a lack of valid grounds.

ANTI DEFECTION LAW

• The anti-defection law punishes individual Members of Parliament (MPs)/Members of the Legislative Assembly (MLAs) for leaving one party for another.
• It was added to the Constitution by Constitution (52^nd Amendment) Act as the Tenth Schedule in 1985 in order to bring stability to governments by discouraging political defections.
• Grounds of Disqualification
  • If an elected member voluntarily gives up his membership of a political party or If he votes or abstains from voting in such House contrary to any direction issued by his political party and such act has not been condoned by the party within 15 days.
  • If any independently elected member joins any political party.
  • If any nominated member joins any political party after the expiry of six months from date on which he takes seat.
• However, the law allows a political party to merge with or into another party provided at least 2/3rd of its legislators is in favour (by 91^st Amendment Act).
• The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House who has absolute power in deciding such cases.
  • However the Speaker’s decision under anti-defection law is subject to Judicial review (Kihoto Hollohan case)