As team Uddhav preps legal battle, questions on powers to disqualify arise

New Delhi, Jun 27: The Uddhav Thackeray led Shiv Sena which has been loosing MLAs by the minute to the rebel group headed by Eknath Shinde has begun preparations on the legal front.

Senior advocate Devadatt Kamat said at a briefing while defending the Uddhav faction that there is a narrative in the media that just because they have a 2/3rd majority they will not face disqualification.

You ask any constitutional lawyer and they will tell you this is wrong.

The concept of 2/3rd applies only when there is a merger with another party, Kamat said at a briefing with Shiv Sena MP Arvind Sawant. He further said that disqualification proceedings have been initiated by the Shiv Sena against 16 MLAs. There are several judgments on this this. The Supreme Court has said that a legislator's action outside the House if he commits anti-party activities, he is liable to be disqualified, Kamat further added.

He gave the example of how former Janata Dal (United) leader Sharad Yadav was disqualified because he attended a rally by party by RJD's Lalu Prasad Yadav. He said that the action by the rebels of going to a foreign state, a state ruled by the BJP and meeting with BJP leaders trying to topple the government, writing letters against the government amounts to clear violation. This is our plea to the Speaker he also added.

They are saying that the Deputy Speaker has no jurisdiction. This is also wrong. In the absence of a Speaker, the Deputy Speaker has the powers. We will urge that all the 16 MLAs are disqualified and face the electorate, Kamat further noted.