In a subtle warning to the Shiv Sena rebels headed by Eknath Shinde currently camping in Guwahati, the senior counsel of the party said that until the MLAs don't merge with another party, disqualification applies on them.
Adv Devdutta Kamat, Shiv Sena's Senior Counsel while talking to the media said, "The concept of 2-3rd (to surpass anti-defection law) is only applicable if there is a merger." "Till today there's no merger, they have voluntarily given up membership," he added.
Kamat further explained, "Visiting BJP-ruled states, meeting BJP leaders, and attempting to topple govt amounts to a violation by rebels."
"There were several meetings that were called by Shiv Sena at different times, none of which were attended by them," Kamat said.
"Proceedings have been initiated by Shiv Sena against 16 MLAs, under a provision in the constitution which says that if a person gives up the membership of a party then he's eligible for disqualification," Kamat said further.
"No confidence motion was sent through an unauthorized email address by rebels," he added.
"Under the constitution, the deputy speaker has the power of the speaker in the latter's absence and can adjudicate on such matters," the senior counsel added.
The political turbulence in Maharashtra was triggered by the faction war in Shiv Sena after Minister Eknath Shinde flew to Surat with some MLAs and then to Guwahati where he claims of having the support of 38 MLAs of the party, thus achieving the two-thirds majority in the Shiv Sena.
Notably, Shinde was unanimously elected as the leader of the faction recently which is revolting against the Uddhav faction.
Shinde claims to have the support of 38 MLAs of the 56 Shiv Sena legislators, which is more than two-thirds of the party's strength in the 288-member Maharashtra Legislative Assembly. It means that they can either leave and form another political party or merge with another without being disqualified from the state assembly.
Interestingly, the Shinde faction named their group 'Shiv Sena Balasaheb'.
The naming of the group after the name of the Shiv Sena founder Balasaheb Thackeray attracted sharp reactions from the Uddhav faction as the Chief Minister said that those who left the party should not seek votes in the name of the party founder.
(With inputs from agencies)