The Shiv Sena on Sunday brought in legal eagles to argue their position that the Shiv Sena parent organization (uddhav camp) has the powers to disqualify the Shiv Sena MLA.
On Sunday the Sena fielded Devadatta Kamat, Senior Supreme Court lawyer who hinted that the rebel Shiv Sena MLAs are being given wrong advice that they could exist as a separate group while supporting a BJP government. Kamat said that the rebel MLA’s will be disqualified as per existing provisions of the Anti defection law.
Kamat who said that he is representing the Shiv Sena in the case said, “The Shiv Sena’s rebel MLAs will be disqualified, their claim that they have two thirds majority and hence the anti defection law provisions will not be applicable to them is not true. A lot of misinformation is being peddled in the media. The Shiv Sena has initiated disqualification against the 16 MLAs under Para 2 (1) of the tenth Schedule.”said Kamat. The Supreme Court lawyer said that the concept of two thirds majority not facing disqualification was only if the two third members merge with another party. “ Even at this point they have not merged.”
He added, “There are several judgements in the Ravi Naik case as well as the latest judgement in the Karnataka case, which favour our side. The rebel MLa’s have claimed that a legislator can face action for acts only inside the house. However the law and even the Supreme Court has held that if the MLA commits anti party activities outside the house he is liable to be disqualified.”
Most importantly Kamat said that he had represented Sharad Yadav when he was facing a disqualification from the Janata Dal (U) for attending a opposition rally and that he lost the case as it was held that Yadav was liable for disqualification for attending an opposition rally.
Yadav said that as per the current facts of the case, “ The legislators have not attended several meetings called by the Shiv Sena, have met BJP leaders and are even staying in a BJP ruled state. They are writing against the government here, and are trying to topple the government here.”
The Shiv Sena game plan to field a Supreme Court lawyer today to argue their case is being seen as a message to the rebels. The Sena is aware of the fact that the rebel Shiv Sena MLAs do not want to merge with the BJP as it could pose problems with the Sena electorate. The Sena MLAs have said that they would form a separate group, the Sena has now fielded Kamat a Supreme Court lawyer to say that they cannot stay as a separate group and will be disqualified if they do not merge. The Sena leadership is using the threat of disqualification to get its MLA’s back from Guwahati.
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