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POLITICAL CRISIS IN MAHARASTRA

        POLITICAL CRISIS IN MAHARASTRA 
                                   

Currently, we can see how Maharashtra's political instability harms public, democracy or India's quasi-federal structure. As we can see, a sizable proportion of Shivsena MLA's revolted against their party's leader. Also, the rebel group led by Eknath Shinde spot in Gujarat and after that all the group of rebel MLA booked hotel in Guwahati. This rebellion led to a political crisis in Maharashtra as we saw the government formed by Congress, NCP and Shivsena came into minority in terms of number of seats in the Legislative Assembly because the majority of MLA wanted to move out for the MVA government which was formed, to run on a common minimum program. That government is in the minority because of the rebellion group.
It is very interesting and political move made by MVA LED government that CM is not resigning from his post. Even he had knowledge that their government lose the majority in the house. Now this is all political fight change into a legal Battle because on a request from Sivsena, Deupty Speaker of Maharashtra gave notice to 16 rebel MLA (on disqualification grounds), also he accepted the request of shivsena to change his legislative party leader, Ek Nath Sinde to Ajay Choudhary also Shivsena requests to expel the section of 16 rebel MLAs of Shivsena. Further, these two points challenged by Ek Nath Sinde in Supreme Court. it has been challenged by Harish Salve on behalf of Eknath Sinde, and on behalf of Defense, Abhishek Manu Singhvi, now it has gone in hands of supreme court, and its decision will pave a path to come out of this situation.
Anti Defection Law
Schedule 10 of Indian constitution talks about anti defection law.
Background 
In 1985 Rajiv Gandhi led govt made an amendment in Indian constitution by 52 constitutional amendment anti defection law was introduced, in this defection is derived from latin word (Defectio), which means abandon a position.
it was proper time and important to introduce this law because a member of lok sabha changes his political party in last 20 days at least 7 and more time, (a popular slogan made for him Aaya Ram Gaya Ram)
It deals with grounds of disqualification on ground of defection
i. If an elected member gives up his membership of a political party voluntarily. 
ii. If he votes or abstains from voting in the House, contrary to any direction issued by his political 
party. 
iii. If any member who is independently elected joins any party. 
iv. If any nominated member joins any political party after the end of 6 months. 
v. The decision on disqualification questions on the ground of defection is referred to the Speaker or 
the Chairman of the House, and his/her decision is final. 
vi. All proceedings in relation to disqualification under this Schedule are considered to be proceedings in Parliament or the Legislature of a state as is the case.
At final there were some case which was related to anti defection law 
Case: G. Vishwanathan v Speaker Tamil Nadu Legislative Assembly 
Where a member is expelled by his party & he is treated as unattached by speaker he continues to belong to that party. Only when he joins other party he will be treated to have voluntarily given up membership of original party as there is no category of unattached members in constitution, So lets wait what will be the decision of supreme court in this case.

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