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By:

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.

Unrest within Mahayuti

Updated: Jan 21, 2025

Mahayuti

Mumbai: The state administration on Sunday stalled the appointments of guardian ministers in Raigad and Nashik districts. Chief Minister Devendra Fadnavis had cleared the appointments before he left for Davos in Switzerland to attend the World Economic Forum on Saturday. They are believed to have been stalled on behest of Deputy Chief Minister Eknath Shinde, who heads the state in absence of the Chief Minister.


NCP’s Aditi Tatkare and BJP’s Girish Mahajan were entrusted with responsibilities of guardian minister for the Raigad and Nashik districts respectively, where Shiv Sena’s Bharat Gogawale and Dada Bhuse had staked claims. Gogawale is a first-time minister while, Bhuse had been the guardian minister of the district during previous government under Eknath Shinde.


Shiv Sena, NCP and BJP all the three constituents of Mahayuti have strong roots in both the districts. However, the Shiv Sena and the NCP had been particularly on loggerheads there. The Shiv Sena, which had been demanding the guardian minister’s post in Nashik district has managed to win only two assembly seats in the district where the NCP has Six and the BJP has Five MLAs. On the contrary, in Raigad the NCP has won only one seat while the Shiv Sena and the BJP both have Three MLAs each in the district.


Sunil Tatkare, MP from Raigad Lok Sabha constituency and the stat unit president of the NCP and father of Aditi Tatkare, had been the guardian minister of Raigad between 2004 and 2014. Gogawale had always been his political opponent before Tatkare joined the Mahayuti government under Ajit Pawar’s leadership in 2023. Gogawale claimed that all the Six Shiv Sena-BJP MLAs in the district had opined in his favour to be the guardian minister of the district and after the decision to appoint Aditi Tatkare was announced, his supporters resorted to violent protests. They burnt tyres in bid to stall traffic on highway in the district. Reacting to the developments, Tatkare said that the issue should be pondered over after CM Fadnavis returns from Davos on Saturday and settled amicably.


In Nashik Girish Mahajan had been the guardian minister of the district between 2014 and 2019 when Fadnavis was the Chief Minister.


The post of guardian minister doesn’t have any constitutional mandate and is considered to be a political appointment. Guardian ministers head the district planning and development councils (DPDC) that control the funds for development works being carried out in the particular district. This control wields much of political power to the minister in that district whereby spreading the party in the district becomes much easier. This is the reason why the grass root politicians seem to be very sensitive to such appointments.


While Gogawale and Bhuse are unhappy about not being appointed as guardian ministers, some others like NCP’s Hasan Mushrif and BJP’s Pankaja Munde are unhappy about not being appointed as guardian district in their home districts of Kolhapur and Beed respectively. DCM Shinde is learnt to have gone to his ancestral village Dare in Satara district after the decision and BJP’s firefighters Chandrashekhar Bawankule and Girish Mahajan are expected to meet him there to try finding a way out of the issue.

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