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Kamat stated: “The insurgent MLAs will probably be disqualified. Their declare that they’ve two-thirds majority and therefore the anti-defection legislation provisions won’t be relevant to them isn’t true. The Shiv Sena has initiated disqualification in opposition to 16 MLAs beneath Para 2 (1) of the tenth Schedule.”
Kamat stated the concept of two-thirds majority not going through disqualification was doable provided that they merged with one other occasion. “Even at this level they have not merged.”
“There are a number of judgments within the Ravi Naik case in addition to the newest judgment within the Karnataka case, which favour our facet. The insurgent MLAs have claimed {that a} legislator can face motion for acts solely contained in the Home. Even the Supreme Courtroom has held that if an MLA commits anti-party actions exterior the Home, he’s liable to be disqualified,” he stated.
Kamat stated he had represented Sharad Yadav when he was going through disqualification from Janata Dal (United) for attending an opposition rally and he misplaced the case because it was held that Yadav was chargeable for disqualification for attending an opposition rally.
The lawyer stated: “The legislators haven’t attended a number of conferences known as by the Shiv Sena, have met BJP leaders and are even staying in a BJP-ruled state. They’re writing in opposition to the federal government right here and are attempting to topple the federal government right here. These are clear violations beneath the anti-defection legislation.”
By fielding an SC lawyer, Shiv Sena is attempting to ship a message to the rebels. The occasion is aware of the rebels don’t need to merge with the BJP because the Sena voters might not settle for it. The Sena argument, nevertheless, doesn’t appear to be working as one other MLA and minister from the Uddhav Thackeray camp, Uday Samat, has flown to Guwahati. This can be a large embarrassment to the occasion as there are actually eight ministers with the Eknath Shinde camp.
Kamat additionally rubbished claims by the rebels that deputy Speaker Narhari Zirwal doesn’t have powers of the Speaker. “The deputy Speaker has the identical powers as that of the Speaker… Until the meeting isn’t convened a discover of movement can’t be moved in opposition to the Speaker.”
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