After the political turmoil in West Bengal, now it seems to be Maharashtra’s turn. Here, speculations are being made about another big split in Uddhav Thackeray’s Shiv Sena. To stop the split, Shiv Sena (UBT) called an important parliamentary party meeting of the party in Delhi on Thursday, but the six rebel MPs did not turn up. After this, MP Arvind Sawant warned of action against the rebel MPs. Spokesperson Sanjay Raut also said that there is a need to teach the rebels a lesson.
Actually, a whip was issued by Shiv Sena (UBT) for this meeting. Citing this, the party is now talking about taking action. In such a situation, the question arises that what is the rule regarding whip and does it apply in party meetings also?
Whip for Parliament or Assembly
According to political experts, the whip (official order of the party) is applicable only within the House of Assembly or Parliament and not on the internal meetings of the party.
If there is to be a vote on any bill, motion or trust vote in the Assembly or Parliament and the party has instructed its MPs or MLAs to vote in a particular manner or to be present, then it is mandatory to follow it. Violating the whip can also lead to loss of membership under the Anti-Defection Law.
Rules in internal party meetings
If a party directs its MPs or MLAs to be present at a party meeting held at a hotel, office or other place and no member reaches there, then the membership of that MP or MLA cannot be terminated on this basis alone.
What action can the party take?
The party can take organizational action against such member or members. The party can remove him from the post or expel him from the party. But his membership as MP or MLA cannot be taken away merely because he is absent from the meeting.
What is the legal position in this matter
Under the anti-defection law, disqualification action is possible only if there is a violation of the whip related to voting or proceedings of the House within the House. Absence in internal party meetings does not come under its purview. The Supreme Court has also clarified this principle in different cases.
It is being said that Arvind Sawant, Anil Desai and Rajabhau Waje are standing with the Uddhav Thackeray faction, while the remaining 6 MPs Sanjay Deshmukh, Sanjay Patil, Omprakash Raje Nimbalkar, Nagesh Patil-Ashtikar, Bhausaheb Wakchore and Sanjay Jadhav are in the rebel camp. If even one MP of the rebel group attends this meeting, then that group may face difficulty in getting recognition as a separate party.
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