top of page

By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main...

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main purpose is to stop elected representatives – MPs and MLAs - from switching political parties after elections for personal/political gain. It aims to ensure political stability, respect the mandate of voters, and prevent unethical political practices. Under this law, an elected representative can be disqualified if he/she voluntarily gives up the party membership or vote against their party’s official direction (whip). There are limited exceptions, like when two-thirds of a party’s members agree to merge with another party. The Speaker or Chairman decides disqualification cases, but their decisions can be reviewed by courts.   Is there a similar Anti-Defection law for local bodies in Maharashtra? Keeping in mind the spirit of the Tenth Schedule, Maharashtra enacted the Maharashtra Local Authority Members’ Disqualification Act, 1986 (enforced in 1987). It applies to Municipal Councils and other local bodies and was meant to stop the elected councillors from hopping across parties post-elections, and preserve the voters’ mandate at the local level.   Why is there so much unrest in the 2025-2026 civic bodies elections? The root cause lies in post-poll alliances, which have been made legally easier through amendments to Section 63 of the Maharashtra Municipal Councils Act, 1965. They allow political parties and/or councillors to form post-election fronts or groups. Over time, political parties have collectively and deliberately weakened the 1986 Disqualification Act, and it is now what I would call a “toothless tiger.” Hence, the strange and opportunistic post-elections alliances witnessed in Ambernath (Thane) and Akot (Akola), and some others after the December 20 municipal council elections.   How exactly was the Anti-Defection law diluted? It was through a quietly crafted amendment to Section 63 of the Municipal Councils Act, 1965, which was implemented after the 2016 local bodies elections, although the Disqualification Act remained on paper. It allows councillors and political parties - within one month of election results - to form a post-poll group or alliance, even if they contested elections separately. Once registered, this newly-formed group is treated as if it were a pre-poll alliance, and the Anti-Defection law applies only after that point. This effectively ‘legalised defections disguised as alliances’.   What were the repercussions? Another major blow came when the State Government amended the law to give itself appellate powers in Anti-Defection cases involving local bodies. Earlier, decisions were taken by Commissioners or Collectors. Now, any aggrieved councillor can appeal to the State Government, which becomes the final authority. This has given huge relief to defectors, especially when the ruling party controls the state government. Now elected representatives brazenly switch sides, aware they may not face serious consequences.   What is the long-term fallout of this trend? These amendments have made post-poll “marriages of convenience” the new political norm. The ruling party always has an unfair advantage, often forming governments without securing a clear electoral majority. This completely undermines democracy and voter trust, besides going contrary to the original purpose of the Anti-Defection Law.

Bad Roads, Ugly Politics


The pathetic state of roads in Mumbai city as well as its suburbs has made daily commute a dangerous affair. The residents are miffed with the BMC over its lackadaisical attitude. Mumbaikars tweet photos, post videos to grab attention, but everything is in vain. Who cares for the common people. Backbreaking journeys have become part and parcel of life. Political leaders are busy mud-slinging.


This year the monsoon took a break after almost four and half months. During this time some of the roads virtually became non commutable. It may be recalled that the Chief Minister Eknath Shinde first announced to make Mumbai roads pothole free.


Its almost two years now the BMC has concretised only 9 percent of roads it planned to concretise. This decision was taken when it came to light that due to the properties of bitumen in asphalt roads, potholes are a regular occurrence due to contact with water during monsoons.


Hence, to solve the problem of potholes, the corporation has adopted a policy of cement concreting of 6-meter-wide roads in phases. The decision was taken but the dilly-dallying affair made things more difficult.


Mumbai’s traffic does put a lot of strain on roads which is not the case in the other developed countries. Second most important aspect is concretisation of roads is done partly and in phases.


The worst problem which is faced is repeated digging for cables and drainage, which weakens the roads. Above all corruption in BMC makes matters worse as a result everything comes to grinding halt.


According to experts, repairing potholes is a reaction with symptomatic treatment. By and large we are dispensing superficial treatment without addressing the root cause. The long-term solution will be to have roads with no potholes but what we need is the means and technology to achieve this. But for this political will is necessary which we lack on every step.


Mumbaikar’s are convience that corruption in the municipal corporation is the main reason. Contractors have had a monopoly over the last 20 years and this is the reason why reputed companies never come ahead for these projects.


As a result, in the name of attendance and repair, the BMC does shoddy work. Crores are spent but the end result is nothing. The BMC is not paying attention to the crust. If the crust is weak, potholes will see an increase. Without any thought or technical know-how, potholes are filled with cold mix.


This is the reason why the city and suburbs continue to have craters on the roads.


Craters, a serious threat to the safety and security of people. Mumbaikars fade up from their repeated visits to orthopedic surgeons.


They are in a mood to teach a proper lesson to those who were at the helm of the affairs.

Comments

bottom of page