Maha developments bring forth new legal challenges

NEW DELHI: The ongoing political developments in Maharashtra, with NCP legislature party leader allegedly seen defying head of the political party in aligning with BJP to form government, has brought out a few new issues which are not covered by the existing laws and judicial pronouncements.
The questions are — who will prevail in case of difference of opinion in forging alliance for forming government, whether head of party or the legislature party leader, and who will appoint chief whip in the newly constituted assembly. Constitution experts, however, believed that everything is about number and the decision of the person with support of majority of MLAs on the floor of the assembly will ultimately prevail.
“It is the legislature head of a party who takes a decision on appointing whip in the assembly and in this case, the decision will be taken by Ajit Pawar,” said Ajit Sinha, former Jharkhand HC judge and senior advocate, while noting that the issue is well settled as far as appointment of whip is concerned.
On disqualification under anti-defection law, Sinha said, “If more than two-third of the NCP MLAs form a separate group and merge with BJP then they will not be disqualified. Everything has to be decided on the floor of the House. Merger with two third majority is not disqualification.”
Former Bombay High Court judge B H Marlapalle has similar views. He, however, flagged the question that arises as to how did the Governor satisfy himself that BJP and Ajit Pawar had together shown a majority of 145 members.
The ex-judge said, “The Governors administration of oath to the chief minister appears to be questionable on the face of law laid down in the S R Bommai case, which clearly says that the Governor must be prima facie satisfied about the majority being available, and in this case especially because the support is coming from a party which is not a pre-poll alliance.
Amid reports that NCP on Saturday removed Ajit Pawar as its legislature party leader, former secretary, Lok Sabha and Delhi assembly, S K Sharma said, “The decision Read More – Source