Mumbai: A public interest litigation (PIL) has been filed in the Bombay High Court seeking that a paragraph providing for “split and merger” of political parties in the tenth schedule of the Constitution be declared as ultra vires (actions taken by government bodies exceeding the scope of their power) and in contravention of its basic structure.
Advocates are likely to mention the PIL seeking hearing before the bench led by Chief Justice DK Upadhyaya on August 28.
PIL by founder trustee of NGO Vanashakti
The PIL by Meenakshi Menon, 64, a media and marketing professional and a founder trustee of NGO Vanashakti, contends that it is used by politicians for group defections which ultimately betrays the voters.
“Defections in the forms of split and merger under paragraph 4 of the tenth schedule is leading to further alienation of the general public to the process of elections itself wherein thousands of crores of taxpayers’ money are spent without any accountability,” the PIL reads.
The plea seeks that the HC declare that the legislators or groups of legislators defecting from the original political party are not entitled to participate in the proceedings of house or to hold any Constitutional posts “unless the issue relating to their disqualification is decided finally.”
Advocates say plea highlights Maharashtra political crisis
Advocates Ahmad Abdi and Eknath Dhokale said that the plea highlights the Maharashtra political crisis that began in June 2022 when Chief Minister Eknath Shinde and several MLAs defected from the Shiv Sena, leading to the end of the Maha Vikas Aghadi government. It also mentions the recent defection by Deputy Minister Chief Ajit Pawar from the NCP.
Menon has cited the political crisis in Madhya Pradesh in 2020 after Jyotiraditya Scindia and 22 MLAs resigned, resulting in the Congress government losing the floor test and the BJP coming to power.
The anti-defection law enshrined through introduction in the tenth schedule comprises eight paragraphs. Para 4 states that disqualification on the ground of defection will not apply in case of merger. “…provided if the said merger is with two-thirds of the members of the legislative party who have consented to merge with another political party,” the plea adds.
The plea states that by enabling the elected representative to defect in group by way of split is clear breach of social contract the elected representatives enter into with the voters.
Voters are taken for granted and there is no recourse in law for a voter to take action against a legislator who is part of the group which has decided to split and merge with any other political party and even if its ideology and manifesto are diagonally opposite.
Plea Contends…
It’s used by politicians for group defections which ultimately betrays the voters.
Legislators defecting from the original political party should not be entitled to participate in the proceedings of the house or to hold any Constitutional posts.
Enabling the elected representative to defect in a group by way of split is a clear breach of social contract entered into with the voters.
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