Questions for 'Constitution of India': Isn't Mahayuti not forming govt, betrayal of mandate?

 

 

Whirling around the Maharashtra’s political situation at present, after BJP’s Devendra Fadnavis and NCP’s unofficially former member Ajit Pawar took oath as the Chief Minister and the Deputy Chief Minister on Saturday, the case for disqualification of legislators who defy the whip and electoral alliance promises made to the voters are of social significance.

 

The ‘Mahayuti’ approached the voters with a promise to form the government if elected and returned with majority on the floor of the House. Although these approached the electorate with an assurance of forming a government, it was observed that as soon as one of the alliance partners started befriending the opposition groups and planning to ditch another partner over a non-issue like the 'appointment of Chief Minister’, the credibility of the potential voters actually went on stake.

 

 

Now, the members who would not vote for the victory of the majority alliance on the floor of the House, are those running a risk of attracting the ‘disqualification provisions’ in the ‘Peoples Representation Act, and attracting the provisions, liable to be declared to be disqualified.

 

The legal point here is the members, who would defy the whip issued by the Mahayuti leaders on the floor of the House, could these be declared as ‘disqualified’? Could Mahayuti be treated as a single unregistered party? Was there a breach of trust committed by those who would vote against the Mahayuti on the floor of the House? Is there any law point here? Why not give a test?

 

With these very certain queries popping up, I feel that the apparently normal, ordinary appearing matters need to be examined by the administrative or judicial authorities. This must lead to the forming a responsible and political society. And that violating or twisting these would amount to contempt of judiciary or legislature.

 

 

Further, ahead of the political developments a grand public parade of MLAs from the NCP, Congress and Shiv Sena took place on Monday evening as a show of strength. The three-party combine exuded confidence about proving the majority on the floor of the House.

 

NCP chief Sharad Pawar told the gathering of MLAs that he would personally ensure that none of them loses membership for voting against the BJP during floor test in the Assembly. “Maharashtra is not Goa and it is time to teach them a lesson. A misinformation is being spread that Ajit Pawar is the NCP's legislature party leader who would issue a whip to all NCP MLAs to vote for the BJP in floor test. It is being said that whoever defies the whip would lose his membership of the House," Sharad Pawar said.

 

"I personally take the responsibility that your membership of the House will not become null and void. People who have acquired power illegally have to be removed now”, Pawar said apparently referring to the BJP.

 

 

Parading the individual MLA's in a public place like Hotel Hyatt is an attempt to pressurize the Judiciary when it has announced to declare a particular Order in the concerned case. This act must amount to committing an contempt of the legislature and it must attract the provisions of breach of privilege of the House, since the test can be held only on the floor of the House.

 

These may look very ordinary and normal activity in the social life, but it is both a great mockery of the Constitution of India, as well as it is a punishable crime and contempt. I request you to consider this reference very seriously and help building a responsible political society. Please think I say, we are not against anybody!