Maharashtra Political crisis- PIL filed at Bombay HC.
The Maharashtra government is a coalition. The Maha Vikas Agadi coalition government comprises the Shiv Sena, Congress, and NCP (MVA). Eknath Shinde and a significant number of MLAs have left Mumbai to express their displeasure with Shiv Sena leader Uddhav Thackrey. Numerous factors contribute to the MLAs' discontent with Uddhav Thackrey as their leader. To give one example, the Hindutva ideology that the Shiv Sena was founded on has no longer been practised under Uddhav Thackrey. The Shiv Sena now only has 16 MLAs under Uddhav Thackrey. Following this, citizens of Maharashtra filed a PIL with the Bombay High Court requesting that the high court order the MLAs to return to Mumbai and assume their duties. The PIL demands that Eknath Shinde and the other MLAs who left Mumbai and backed Eknath Shinde in his decision to forego his MLA duties be subjected to suitable punishment. An activist has filed yet another PIL accusing Udhav Thackrey, Aditya Thackrey, and Sanjay Raut of allegedly causing public nuisance and sedation. His PIL claimed that “… in various districts of State of Maharashtra antisocial elements have damaged public property in the State in front of police personals and there is a situation of breach of law and order in the State for which the respondents are only responsible for the same.” The terms under which elected persons may be disqualified for defecting to another political party are outlined in the 52nd Amendment Act, which inserted the Tenth Schedule, popularly known as the Anti-Defection Act, into the Constitution in 1985. Party-hopping MLAs overturned numerous state administrations following the 1967 national elections, prompting this reaction. Anti-defection law states that a member of the House shall be disqualified if, after getting elected, s/he gives up the membership of the party or joins another political party. S/he will also be disqualified if s/he votes or abstains from voting in contradiction to the directions issued by the party. Although, If the number of MLAs who defect from a political party equals two-thirds of the party's strength in the legislature, the anti-defection rule does not apply. These MLAs have the option of joining another party or forming their group in the legislature. For instance, in Goa in 2019, 10 of the 15 Congress legislators merged with the BJP, however, this did not result in their disqualification because more than two-thirds of the party's members switched to another party. In determining whether or not Eknath Shinde and the other leaders would be disqualified, the anti-defection legislation will be a key factor.
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