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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.

Clever seat selection helped BJP to secure historic win

The party won 65 seats against Congress, 37 against NCP (SP) and 29 against Shiv Sena (UBT)

Clever seat selection

Mumbai: The BJP’s strategic seat sharing with the allies has proved beneficial for the party. An analysis of the Assembly election results show that the BJP has scored over its main rival, the Congress, in a big way because of the direct fights.


The analysis shows that BJP defeated all three constituents of the Maharashtra Vikas Aghadi (MVA) – Congress, Shiv Sena (UBT) and NCP (SP) – in the direct fights. This is attributed as one of the reasons for the BJP’s historic poll success.


The BJP contested 147 out of 288 seats. In 76 constituencies, it faced Congress. BJP secured victory in 65 seats and lost only 11 seats, making it a whopping 86 per cent of the total direct fights. This was followed by an even stronger performance against NCP (SP). Of the total 39 fights with Sharad Pawar’s party, BJP captured 37 seats making it 95 per cent of the total fights with NCP (SP). BJP and Shiv Sena (UBT) were head-to-head in 32 constituencies, of which BJP emerged victorious in 29 seats, making this 91 per cent of the total direct contests.


According to a BJP strategist the party had bargained hard with its allies, Shiv Sena and NCP to get the desired constituencies in the seat sharing formula. “We had studied to potential candidates of the MVA. That helped us in choosing the seats where we can register comfortable victories,” the strategist said.


BJP spokesperson Niranjan Shetty attributed the success to all the party workers who worked hard to boost development, infrastructure in the state. He gave credit to Deputy Chief Minister Devendra Fadnavis for his contribution to the party’s success.


Shetty pointed out that in 2019, Uddhav Thackeray had stalled all the “novel” and “legendary” projects that Fadnavis had started when he had taken over as CM, making it very easy for the people of Maharashtra to strike a comparison between both the leaders and the potential they had for serving the people. “Devendra Fadnavis gave up his post very easily for the larger good. There are many such examples like Venkaiah Naidu who was BJP National President and later worked as the Vice President of India because that was the need of the hour. We seldom care about our posts,” Shetty told The Perfect Voice.


Congress spokesperson Atul Londhe refused to call the election results as the people’s mandate. “This is not at all a Janata mandate. Despite Maharashtra struggling with so many basic social issues, how can BJP acquire such a huge mandate is the question. If a student copies and fails with just passing marks, it can go unnoticed, but if a student copies and bags the number one position, something is fishy. Why is the BJP scared of ballot papers?” he said.

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