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Quaid Najmi

4 January 2025 at 3:26:24 pm

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main...

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main purpose is to stop elected representatives – MPs and MLAs - from switching political parties after elections for personal/political gain. It aims to ensure political stability, respect the mandate of voters, and prevent unethical political practices. Under this law, an elected representative can be disqualified if he/she voluntarily gives up the party membership or vote against their party’s official direction (whip). There are limited exceptions, like when two-thirds of a party’s members agree to merge with another party. The Speaker or Chairman decides disqualification cases, but their decisions can be reviewed by courts.   Is there a similar Anti-Defection law for local bodies in Maharashtra? Keeping in mind the spirit of the Tenth Schedule, Maharashtra enacted the Maharashtra Local Authority Members’ Disqualification Act, 1986 (enforced in 1987). It applies to Municipal Councils and other local bodies and was meant to stop the elected councillors from hopping across parties post-elections, and preserve the voters’ mandate at the local level.   Why is there so much unrest in the 2025-2026 civic bodies elections? The root cause lies in post-poll alliances, which have been made legally easier through amendments to Section 63 of the Maharashtra Municipal Councils Act, 1965. They allow political parties and/or councillors to form post-election fronts or groups. Over time, political parties have collectively and deliberately weakened the 1986 Disqualification Act, and it is now what I would call a “toothless tiger.” Hence, the strange and opportunistic post-elections alliances witnessed in Ambernath (Thane) and Akot (Akola), and some others after the December 20 municipal council elections.   How exactly was the Anti-Defection law diluted? It was through a quietly crafted amendment to Section 63 of the Municipal Councils Act, 1965, which was implemented after the 2016 local bodies elections, although the Disqualification Act remained on paper. It allows councillors and political parties - within one month of election results - to form a post-poll group or alliance, even if they contested elections separately. Once registered, this newly-formed group is treated as if it were a pre-poll alliance, and the Anti-Defection law applies only after that point. This effectively ‘legalised defections disguised as alliances’.   What were the repercussions? Another major blow came when the State Government amended the law to give itself appellate powers in Anti-Defection cases involving local bodies. Earlier, decisions were taken by Commissioners or Collectors. Now, any aggrieved councillor can appeal to the State Government, which becomes the final authority. This has given huge relief to defectors, especially when the ruling party controls the state government. Now elected representatives brazenly switch sides, aware they may not face serious consequences.   What is the long-term fallout of this trend? These amendments have made post-poll “marriages of convenience” the new political norm. The ruling party always has an unfair advantage, often forming governments without securing a clear electoral majority. This completely undermines democracy and voter trust, besides going contrary to the original purpose of the Anti-Defection Law.

Laddoos, Loyalty, and the Line of Control

These morale-boosting, desi ghee churma laddoos, shaped by camaraderie and esprit de corps, carried the spirit of a man who simply refused to be left out of battle.

The Indian Army proved its mettle again in the 1999 Kargil War. Brave soldiers, determined units, and strong leaders ensured the Tricolour flew over all Indian soil up to the Line of Control, despite early setbacks and a missed intelligence warning of large Pakistani intrusions in rugged Western Ladakh. The Batalik sub-sector was among the most remote and underdeveloped, making evicting a well-entrenched enemy even harder. Our Assault Team fought from mid-June to late July 1999 in Muntho Dhalo and beyond, up to the Line of Control.


In the third week of July, we were tasked with clearing a key enemy stronghold on the Line of Control watershed. We had to advance to a ridge already secured by another unit, reconnoitre the target, and launch quickly. Movement had to be at night, as daylight drew accurate enemy fire. Time was critical; we had to link up with the unit on the adjacent ridge before the first light.


No sooner had we advanced after the last light than the column halted, and Company Havildar Major Digh Ram, our "Tail-end Charlie", asked for a two-minute break. Tough and experienced since the IPKF days, Digh Ram was a respected junior leader. I allowed the brief pause as we soon moved again. But ten minutes later, he asked for another short break. We moved within five minutes. When it happened a third time, I lost patience; time was slipping away, and no one explained why.


I called Digh Ram forward to ask what was wrong. After some probing, he admitted to a severe stomach upset since the afternoon. Such infections were common due to poor hygiene and scarce mountain stream water. The others knew, but the sergeant major kept it from me, fearing Digh Ram would be excluded. He couldn’t bear missing the mission. Now that the truth was out, I ordered him to return to the Forward Base with a young soldier. Reluctantly, dejected and heartbroken, he obeyed, feeling "left out of the battle.


We moved swiftly, racing against time. Loads felt heavier above 4,500 metres, slowing us down. To cut weight, we shared essentials but carried enough ammo for any contingency. Despite the burden, our fitness and acclimatisation helped us beat daylight and link up with the other unit before dawn. There, we completed the final reconnaissance and refined our plan.


Over three days and nights, with the blessing of Maa Durge Bhawani, all went to plan. We evicted the enemy from South Saddle. Standing in silence, we saw deep into PoK. The watershed was now fully under our brigade’s control, marking the end of operations in Muntho Dhalo, Batalik sub-sector.


But this story is less about our success and more about Havildar Major Digh Ram, who simply couldn't be "left out of battle". During reconnaissance, we saw that enemy positions on the reverse slope—now partly visible and within 600 metres—could be hit with shoulder-fired rocket launchers. With extra rounds, we could weaken them before the final assault, reducing casualties. The Brigade Commander approved my radio request for more time and 40 additional rounds. The ammunition was hauled up from the Forward Base by our men, supported by troops from a sister unit, led by none other than Digh Ram. He was back in action!


About ten days before the mission, we hit a jackpot—an abandoned Pakistani post stocked with rations, including sealed tins of desi ghee. In the days leading up to the operation, we feasted on it at the forward base. Seizing the moment, Havildar Major Digh Ram made desi ghee ke churma laddoos—two per comrade—for his Band of Brothers before moving out with the rocket launcher rounds. The extra time and ammo from the Brigade Commander let him return where he belonged—this time, with laddoos he’d made himself. Over the radio, I checked with the doctor about Digh Ram’s condition: severe amoebiasis and dehydration. Strong antibiotics and sheer grit were helping him recover fast.


These Churma Laddoos tasted extra special and served as a morale booster. They were made by a man who was extra special, made by using the binding of camaraderie and esprit de corps. Their taste was still lingering when we stood proudly on the South Saddle watershed. Company Havildar Major Digh Ram was with us, smiling. He could not be left out of the battle!!


In the years that followed, he deservedly rose to the rank of Subedar Major of our unit and later faded away from the army as a proud honorary captain. He lives in Haryana, still full of energy and enterprise


(The writer is an Indian Army veteran and Vice President CRM, ANSEC HR Services Ltd. He is a skydiver and a specialist in Security and Risk Management. Views personal.)

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