The call for a split in Shiv Sena UBT has intensified. Only 3 out of 9 MPs attended the party’s parliamentary party meeting, while 6 MPs remained absent. The Uddhav Thackeray camp has sent them a notice and warned them of action, but the question is whether membership can be lost due to not coming to the meeting? And what does the law say if two-thirds of the MPs are together?
Shiv Sena in Delhi ubt Parliamentary party meeting was called. The purpose was to show power, but the picture looked different. Out of 9, only 3 MPs reached and 6 MPs kept distance.
There is a claim regarding these 6 MPs that they are preparing to go with Shinde Shiv Sena. UBT has issued a show cause notice calling it a matter of party discipline. Sanjay Raut even said that the process of canceling the membership of absent MPs will be started.
Will rebel MPs be given membership?
But both the legal picture and political rhetoric are different. Violating the whip issued in the House and not attending the parliamentary party meeting are two different things. The anti-defection law pertains to disobeying party instructions during inter-poll voting in the House.
This means that mere absence from the meeting does not put membership at risk. Yes, if the party considers it indiscipline then it can take organizational action.
On the other hand, if 6 out of 9 MPs come together and claim to merge with Shinde Shiv Sena, then they can invoke the merger clause on the basis of two-thirds strength. In such a situation, the Speaker of the Lok Sabha will have to take the decision.
Know what experts say
According to experts, not attending the meeting in itself is not a ground for disqualification under the anti-defection law. If two-thirds of MPs go along with a merger, they may get the protection of the merger provision of the Tenth Schedule. The final decision will be taken by the speaker.
At present the fight is not just about the absence of 6 MPs, but about the existence of Shiv Sena UBT. On one hand, Uddhav Thackeray’s camp is calling it a rebellion, on the other hand the rebel MPs are seeking legal protection on the basis of numerical strength. In such a situation, the next move seems to be not in the hands of the MPs but in the Speaker’s court.
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