Shiv Sena (Shiv Sena) Rebel leader Eknath Shinde (Eknath Shinde) and his 37 supporters Bharatiya Janata Party in Guwahati for the last few days. (BJP) are in contact with. But this fact of separation or division will not save him from the hardships faced by the anti-defection law unless he merges with the BJP. This is because the law only recognizes merger and not partition.
Article 4 of the Tenth Schedule to the Constitution exempts an MLA or Member of Parliament from disqualification when his parent political party merges with another political party, and if such merger is done by a member of the original political party and by any other member has been accepted. In such a situation, the MLA or MP in question who has left the party escapes the disqualification of his membership under Article 2 of the Tenth Schedule and is deemed to be a member of the political party in which he has merged himself.
Thus, as per constitutional requirements, the detached group has to meet the double test of merger with another political party with the support of two-thirds of the elected members to avoid the action of anti-defection law. If both these conditions are not met, then the anti-defection law comes into force.
Changes in the year 2003
Until 2003, the Tenth Schedule recognized a division of at least one-third of the members within a political party as an exception to disqualification, but in 2003 the law was changed and the 1985 law of one-third split and merger became two-thirds. The third division was replaced by the merger rule. In this case, the new law says that in order to avoid disqualification, at least two-thirds of the elected members of a party must be in favor of a “merger” so that it has validity in the eyes of the law. And if the number of members of a political party is less than two-thirds, then they face the risk of disqualification of their membership.
What is the option before Shinde
Therefore, Eknath Shinde and his supporters are left with no option but to leave their identity as Shiv Sainiks and join the BJP. This is a step that Shinde and his supporters are not willing to take at the moment. Shinde’s troubles have increased as the Shiv Sena has already filed a complaint against 12 members of the rebel party with the Deputy Speaker of the state assembly, Narhari Jirwal.
In which there has been a demand to disqualify those MLAs for violating the whip issued by Chief Whip Sunil Prabhu. Chief Minister Uddhav Thackeray had called a meeting of the legislature party on 22 June. Now Shinde and his supporters are left with the option of merging with the BJP and toppling the Uddhav Thackeray-led government in Maharashtra or facing disqualification.
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