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On Sunday, Shivsena had fielded senior Devdutt Kamat. Supreme court Lawyer who indicated that rebel Shiv Sena MLAs are being given wrong advice that they may exist as a separate group supporting BJP government. Kamato Said that the rebel MLAs would be disqualified under the existing provisions of the Anti-Defection Act.
Kamat, who is representing the Shiv Sena in the matter, said, “The rebel Shiv Sena MLAs will be disqualified, claiming that they have two-thirds majority and hence the provisions of the anti-defection law will not apply to them.” Yes, that is not true. Various misconceptions are being spread in the media. Shiv Sena has started disqualification against 16 MLAs under Para 2(1) of the Tenth Schedule,” Kamat said. The Supreme Court counsel said the concept of a two-thirds majority not facing disqualification was in place only if two-thirds of the members merge with another party. “Even at this point they haven’t merged.”
“Many judgments have come in the Ravi Naik case and the latest verdict in the Karnataka case, which is in our favour. The rebel MLAs have claimed that an MLA can face action only for acts inside the House. However the law and even the Supreme Court has held that an MLA can be disqualified if he indulges in anti-party activities outside the House.
Most importantly, Kamat said that he represented Sharad Yadav When he was facing disqualification from the Janata Dal (U) for participating in an opposition rally and the case was lost as it was held that Yadav was liable for disqualification for participating in an opposition rally.
Yadav said that as per the present facts of the case, “the MLAs have not attended several meetings called by Shiv Sena, have met BJP leaders and are even living in a BJP-ruled state. They are writing against the government here and trying to topple the government here.
Shiv Sena’s game plan is being seen as a message to the rebels today to get a Supreme Court lawyer to argue their case. Shiv Sena is aware of the fact that rebel MLAs of Shiv Sena do not want to merge with BJP as it may create problem with Shiv Sena voters. Shiv Sena MLAs have said that they will form a separate group, Shiv Sena has now fielded Kamat as Supreme Court lawyer to say that they cannot stay as a separate group and if they do not merge If they do, they will be disqualified. The Shiv Sena leadership is using the disqualification threat to withdraw its MLA from Guwahati.
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