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Until rebel MPs don’t merge with another party, disqualification applies, says Shiv Sena’s lawyer

Shiv Sena deployed a legal team including Supreme Court lawyer Devdutt Kamat against the rebel side on Sunday, saying that unless lawmakers currently housed at the Gawhatty Hotel merge with another party, they will be disqualified. Thus, around 39 Shiv Sena MPs have two options to merge with the BJP or Bacchu Kadu led by Prahar Janshakti.

Shiv Sena’s legal adviser, Devdutt Kamat, said the Deputy Speaker of the Maharashtra Legislative Assembly has full powers to rule in the absence of the Speaker. “A legislative party is not supreme and the majority in the legislative party has no meaning. It is formed from the original party,” Kamat said in the presence of Shiv Sena chief spokesman and Lok Sabha member Arvind Sawant.

Kamat said that under the constitution, the vice president has the power of the president in the absence of the president and can rule on such matters. “A motion of no confidence was sent via an unauthorized email address by rebels,” he said.

Kamat said disqualification proceedings have been initiated against 16 rebel legislators in accordance with paragraph 2.1.A of the 10th schedule of the constitution. He said several Supreme Court decisions have shown that actions by lawmakers outside the House constitute anti-party activity and are subject to disqualification. They did not respond to party directives to attend convened meetings.

“Until they merge into another political group, the disqualification applies to them,” he said. The concept of fusion was introduced in 2003, added.

The governor can request a ground test on the advice of the chief minister, he said.

He said, “There are several judgments in the Ravi Naik case as well as the latest judgment in the Karnataka case, which favor our side. Rebel MPs claimed that a lawmaker can only face prosecution for acts inside the house. However, the law and even the Supreme Court ruled that if the deputy committed anti-party activities outside the home, he risked being disqualified.

More importantly, Kamat said he represented Sharad Yadav when he faced disqualification from Janata Dal (U) for attending an opposition rally and lost the case as he Yadav was found to be subject to disqualification for attending an opposition rally.

Yadav said that according to the current facts of the case, “lawmakers failed to attend several meetings called by the Shiv Sena, met with BJP leaders, and even remain in a BJP-ruled state. They write against the government here and try to overthrow the government here.

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