Shiv Sena on Sunday fielded senior Supreme Court
lawyer Devadatt Kamat to argue that the parent party led by Uddhav Thackeray
had powers to disqualify rebel MLAs. The rebel MLAs were getting wrong advice
that they could exist as a separate group while supporting a BJP government,
Kamat said, adding the rebels would be disqualified as per existing provisions
of the anti-defection law.
Kamat said: "The rebel MLAs will be
disqualified. Their claim that they have two-thirds majority and hence the
anti-defection law provisions will not be applicable to them is not true. The
Shiv Sena has initiated disqualification against 16 MLAs under Para 2 (1) of
the tenth Schedule."
Kamat said the idea of two-thirds majority not
facing disqualification was possible only if they merged with another party.
"Even at this point they haven't merged."
"There are several judgments in the Ravi
Naik case as well as the latest judgment in the Karnataka case, which favour
our side. The rebel MLAs have claimed that a legislator can face action for
acts only inside the House. Even the Supreme Court has held that if an MLA
commits anti-party activities outside the House, he is liable to be disqualified,"
he said.
Kamat said he had represented Sharad Yadav when
he was facing disqualification from Janata Dal (United) for attending an
opposition rally and he lost the case as it was held that Yadav was liable for
disqualification for attending an opposition rally.
The lawyer said: "The legislators have not
attended several meetings called by the Shiv Sena, have met BJP leaders and are
even staying in a BJP-ruled state. They are writing against the government here
and are trying to topple the government here. These are clear violations under
the anti-defection law."
By fielding an SC lawyer, Shiv Sena is trying to
send a message to the rebels. The party knows the rebels do not want to merge
with the BJP as the Sena electorate may not accept it. The Sena argument, however,
does not seem to be working as another MLA and minister from the Uddhav
Thackeray camp, Uday Samat, has flown to Guwahati. This is a huge embarrassment
to the party as there are now eight ministers with the Eknath Shinde camp.
Kamat also rubbished claims by the rebels that
deputy Speaker Narhari Zirwal does not have powers of the Speaker. "The
deputy Speaker has the same powers as that of the Speaker... Till the assembly
is not convened a notice of motion cannot be moved against the Speaker."
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