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How many legislators Eknath Shinde needs to avoid anti-defection law

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Mumbai, Jun 21: In a major setback for Uddhav Thackeray-led Maharashtra government, senior Shiv Sena leader Eknath Shinde along with several party's MLAs, have camped in Assam. Eknath Shinde, the leader of rebellion in ruling Shiv Sena claimed to have 40 MLAs with him.

"Here 40 MLAs are with me. Additional 10 MLAs will join me soon. I do not want to criticise any one. We are keen on continuing the Sena founded by late Balasaheb Thackeray," he said.

How many legislators Eknath Shinde needs to avoid anti-defection law

Uddhav Thackeray reportedly spoke to rebel Shiv Sena leader Eknath Shinde and is believed to have told him to return to Mumbai to 'resolve' the differences through dialogue.

Reportedly, during the 10-minute long call, Shinde stood firm on his stand that the Sena should restore its alliance with the BJP.

Shinde urged Thackeray to join hands with the BJP. "Don't make me a minister but join hands with BJP," he reportedly said. Meanwhile, Shinde also expressed his resentment on being removed as Shiv Sena group leader in Assembly as he was still an MLA and minister.

Meanwhile the names of the 26 MLAs who are believed to be with Shinde are out. They are Tanaji Sawant, Balaji Kalyankar Prakash Anandrao Abitkar, Eknash Shinde, Abdul Sattar, Sanjay Pandurang, Srinivas Onega, Mahesh Shinde, Sanjay Raimulkar, Vishwanath Bhoer Sandipan Rao Bhumre, Shantaram More, Ramesh Bornare, Anil Babar, Chinmanrao Patil, Shambhuraj Desai, Mahendra Dalvi, Shahaji Patil, Pradeep Jaiswal, Mahendra Thorve, Kishore Patil, Gyanraj Chowgule, Balaji Kinikar, Bharatshet Gogavale, Sanjay Gaikwad and Suhas Kande.

The disqualification of MLAs or MPs takes place under the Anti Defection Law, which was introduced to stop the 'Aaya Ram, Gaya Rama syndrome.

What is the anti-defection law:

In the year 1985, the Tenth Schedule was introduced in the Constitution, by which legislators could be disqualified on grounds of defection. A member is deemed to be defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party on a vote. A member defying the whip of his party may be disqualified from the membership of the House.

When does the Anti Defection law not apply:

The law allows a party to merge with or into another provided in case at least two-thirds of its legislators are in favour of the merger.

The scenario in Maharashtra

In the Maharashtra scenario, Shinde will require 37 MLAs to back him to avoid disqualification proceedings under the defection law. As of now Shinde claims to have the support of 40 MLAs.

Later they can ask the Maharashtra CM to prove majority on the floor of house. If the CM fails to prove the majority, he will resign to avoid defeat on the floor of the house.

The governor will call the opposition BJP to prove the majority on the floor of house.

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