If the MLAs in MP are disqualified, the Karnataka precedent would follow
New Delhi, Mar 12: In Madhya Pradesh the Congress faces a similar problem that it did in Karnataka last year. 22 MLAs of the Congress have resigned and the government under Kamal Nath faces a severe crisis.
A lot would depend now on the role of the Speaker, who is likely to reject the resignations on technical ground. One of the main ground would be that all the resignations are identically worded and have not been submitted in person.
During the Karnataka crisis, the Congress had said that there had been a violation under the Tenth Schedule of the Constitution. In Madhya Pradesh too when the trust vote is held the Congress is likely to issue a whip and if the MLAs who have resigned are not present or vote against the Congress government, then they could be disqualified.
The Congress in MP has already petitioned the Speaker to disqualify these MLAs for anti party activities. Once disqualified, the MLA cannot be part of the existing legislative assembly or council. While it was said that the MLA cannot contest a by-election in the current term, the Supreme Court had a different take on the matter.
While hearing the petition filed by the rebels in Karnataka, the Supreme Court upheld the disqualification order by the Speaker. However it said that the Speaker was not entitled to issue and order barring them from contesting the by-election in the current term. A similar scenario is about to play out in Madhya Pradesh too, if the MLAs are disqualified by the Speaker of the Legislative Assembly.
The disqualification of MLAs or MPs takes place under the Anti Defection Law, which was introduced to stop the 'Aaya Ram, Gaya Rama syndrome. This phrase had become popular after a Haryana MLA, Gaya Lal changed his party thrice within the same day in 1967. The anti defection law was brought in to prevent such situations.