Maneuvers in Maharashtra: Can Ajit Pawar’s ‘Mutiny’ Escape Anti-Defection Law? Explained – News18

Nationalist Congress Party (NCP) leader Ajit Pawar will be sworn in as the deputy chief minister of Maharashtra, reports said on Sunday. Out of the total 53 NCP MLAs in the state, 30 are apparently with Ajit Pawar, who is the leader of opposition in the state Assembly.

Ajit Pawar met some party leaders and MLAs at his official residence ‘Devgiri’ in Mumbai earlier in the day. Senior NCP leader Chhagan Bhujbal and party’s working president Supriya Sule were among the leaders present at the meeting. However, NCP president Sharad Pawar, who was in Pune, said he was unaware of the meet, but added that Ajit Pawar, as leader of opposition in the Assembly, can call a meeting of legislators.

Details

The significant development comes shortly after Ajit Pawar expressed his intention to step down as the Leader of Opposition in the Maharashtra Assembly. According to reports, out of the 53 Nationalist Congress Party (NCP) MLAs in the state, 30 are supporting Ajit Pawar. Sources told News18 40 NCP leaders have given their support to Ajit Pawar. To circumvent the provisions of the anti-defection law, Pawar would need the support of more than 36 MLAs.

As a result of this political upheaval, the Maharashtra Cabinet will now consist of nine ministers from the Bharatiya Janata Party (BJP), nine from the Shiv Sena, and nine from the NCP, including the chief minister and two deputy chief ministers. The Cabinet can have a maximum of 43 members. The NCP is currently facing the possibility of a split following Ajit Pawar’s rebellion. This crisis comes a month after Sharad Pawar’s brief resignation as the party chief, which he later withdrew after three days.

The turmoil within the NCP has also weakened the Maha Vikas Aghadi (MVA) alliance composed of the NCP, Congress, and Shiv Sena in Maharashtra. This development occurred just a year after Eknath Shinde, along with 40 Sena leaders, walked out of the alliance and took the oath as Chief Minister of Maharashtra with the support of the BJP.

Anti-Defection Law

In the tenth Schedule of the Constitution, lies the anti-defection law. This schedule was introduced in 1985 as a measure to prevent legislators from defecting from their political parties. It outlines the process for disqualifying parliamentarians or legislators who defect by voluntarily leaving their party or voting against the party’s whip.

When Does the Anti-Defection Law Not Apply?

Under the anti-defection law, a legislator risks losing their seat if they abstain from voting or vote against the party whip on any issue. The law applies to both the Parliament and state legislatures. The Act provides two exceptions where a group of MPs can abstain from voting without facing consequences: if one-third of the legislators in a political party resign from it, or if two-thirds of the legislators merge with another party. These scenarios are not considered defections.

The anti-defection law was amended in 2003 to enhance its effectiveness. The provisions for exemption from disqualification in case of a split, as outlined in the third paragraph of the Tenth Schedule, received criticism for destabilizing the government, according to a report by Indian Express.

Furthermore, the anti-defection Act has impacted the impartiality of speakers in defection cases. Speakers have the authority to decide on instances of defection, as granted by the legislation. However, concerns were raised during debates over the law that involving speakers in defection cases could create unnecessary conflicts for their office.

PTI contributed to this report