Maharashtra: Complications in defection law, a challenge for BJP to prove majority

The new government has to prove a majority on 30 November in Maharashtra.

If the BJP does not get the support of the NCP MLAs whose signature has been submitted to the Governor, then proving the majority will prove to be a big challenge. READ MORE

There are 288 assembly seats in Maharashtra. Any party needs a magic figure of 145 to prove its majority in the House.

BJP has 105 seats and NCP has 54 seats. Shiv Sena has 56 seats, Congress has 44 seats.

Apart from this, Bahujan Vikas Aghadi has three seats in its account.

All India Majlis-e-Ittehadul Muslimeen, Prahar Janashakti Party and Samajwadi Party have got two seats each. The number of independents is 13.

If the strength of BJP and NCP is added, then it is 159 which is more than the majority.

But most of the MLAs whose support the BJP is claiming, the NCP is claiming to be back in their ranks.

It is being said that only seven or eight MLAs are with Ajit Pawar. In such a situation, mathematics can be confusing.

Former Lok Sabha Secretary-General PDT Achari said that defection is a law but there are many screws in it.

But there are many examples that the Speaker remains seated, not deciding.

The rebel MLA will remain MLA until the Speaker decides.

The court does not usually say that the Speaker of the Assembly should decide within such a time limit, he can hear the decision of the Speaker.

Opposition parties, who have filed a petition in the Supreme Court, have demanded a floor test in Maharashtra.

Normally when a party does not have a clear majority, the Governor asks the Chief Minister to prove his majority in the House.

Such an order can also be given from the court. In such a situation, the government has to prove the majority inside the house.

The floor test is a constitutional provision. For this, a motion of confidence is moved by the government in the Legislative Assembly, for which the House votes.

This majority is based on the votes of the legislators present in the House.

In the event of casting an equal vote, the Speaker can also vote.

Floor test condition occurs when no party has a majority. Its test also takes place in the House.

Thereafter, the Speaker of the Assembly will be elected. Thereafter, a vote of confidence will be introduced in the House.

Karnataka has a recent case of disqualifying legislators under the anti-defection law.

JDS- During the fall of the Congress government, some MLAs were tried under the anti-defection law. In this, 17 MLAs of Congress-JDS were disqualified.

He was disqualified for five years. He then moved the Supreme Court. The court allowed him to contest the election.

The BJP-NCP government took charge in Maharashtra after the removal of President’s rule at 5.47 am on Saturday.

After the removal of President’s rule, Devendra Fadnavis of Bharatiya Janata Party (BJP) and Ajit Pawar of Nationalist Congress Party (NCP) were sworn in as Chief Ministers and Deputy Chief Ministers of Maharashtra respectively.

Now CM Devendra Fadnavis has to prove his majority by 30 November.

After taking the oath of Chief Minister, Fadnavis said that before the assembly elections in Maharashtra, our the alliance was with Shiv Sena but after the election, Shiv Sena was trying to break our alliance and form a government with Congress and NCP.

After taking the oath, Ajit Pawar said that we were in talks with the Congress and Shiv Sena for the last several days but due to the negotiations not coming to any conclusion and we have formed a government with BJP to end the President’s rule in Maharashtra.

Originally published at https://www.mubahisa.in.