Preposterous: Joy on MLAs who have 'defected' to BJP
Source: The Sangai Express
Imphal, February 05 2020:
Following the claims made by the MLAs (who won the election on the Congress ticket, yet shifted allegiance to the ruling BJP), that they are still Congress MLAs, veteran politician O Joy has opined that such preposterous claims will only lead to confusion among the public.
Speaking to The Sangai Express today, Joy said that it is imperative for all the legislators to understand the details and guidelines of the 10th Schedule of the Constitution, and stressed on the need for the legislators to respect this provision as well.
He narrated that the 10th Schedule of the Constitution came into effect from March 1, 1985 as a law to curb the practice of leapfrogging by MPs and MLAs from one party to another.
This is also known commonly as the anti-defection law, Joy explained.
As per the provisions of Para 2, 1 (a) & (b) of the said law, any Member, who wins an election from a particular political party, can be disqualified if he or she defects from the party or fails to obey the directive of the said party in the House.
In short, any member who voluntarily gives up on his or her party is disqualified.
However, Para 3 of the law states that it is allowed for a third of the total number of members who won the election, to defect from the party, Joy said.
He continued that in 2003, during the time of Prime Minister Atal Bihari Vajpayee, the law was revised and the amended law came into effect from January 1, 2004 .
In the newly amended law, Para 3 was completely omitted and Para 4 was inserted.
This new Para explained that if two thirds of the total number of successful members of a political party, decide to merge with another party, then they cannot be disqualified.
The remaining members after the merger will not be disqualified as well, the veteran politician informed.
Replying to a query, O Joy said that many disqualification cases have reached the Supreme Court and added that as per the recent ruling of the apex Court, even if a Member does not voluntarily give up his membership nor resign from a party, he or she can be disqualified if his or her antics/words/statements etc imply that he or she has left the party.
Responding to another query concerning the confusion caused by the claims made by the Congress defected MLAs in the State who have supported the BJP, that they are still Congress MLAs, the veteran politician reminded that when the results of the Manipur Legislative Assembly election was announced on March 11, 2017, a total of 28 Congress MLAs were successful.
Out of the said MLAs, one has become a Minister in the BJP led coalition State Government while 7 MLAs are supporting the BJP.
This situation is not covered by Para 4 of the 10th Schedule, he claimed.
Joy conveyed that the Congress party is a National political party and there is no possibility of the Congress merging with the BJP.
When Congress MLA Shyamkumar became a Minister in the BJP Government, the 7 Cong MLAs pledged their support to the BJP, he said.
Coming to the issue of the said Cong defected MLAs sitting in the Opposition bench to this day, Joy explained that the seating arrangement is made by the Speaker.
They did not resign from the Congress nor did the party approve any resignation.
A political party is a voluntary organisation and it does not have any remunerative posts, Joy said.
However, during the Assembly session, the said MLAs speak in favour of the BJP.
They also support the BJP in the public domain.
As such, their claims that they are still Congress MLAs, will only lead to utter confusion.
The process of law is slow.
The 7 MLAs might delay their consequences.
However, no one can escape the 19th Schedule of the Constitution.
Their fate will be determined by the Speaker's Tribunal, Joy concluded.
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