World | India
August 6 last date for parties to seek rebels' disqualification
Political parties have until August 6 to push for the disqualification of their rebel lawmakers whose actions facilitated the ruling coalition's survival in the crucial trust vote on Tuesday.
- By Ajay Jha, Chief Correspondent
- Published: 23:41 July 25, 2008
New Delhi: Political parties have until August 6 to push for the disqualification of their rebel lawmakers whose actions facilitated the ruling coalition's survival in the crucial trust vote on Tuesday.
At least 24 lawmakers belonging to 11 political parties had either indulged in cross-voting or remained absent without permission. The principal opposition Bharatiya Janata Party was hit hardest with eight of its MPs defying the party whip.
The respective parties have since expelled the renegades but the action does not invite disqualification from the Lok Sabha. Parties are required to make a written request to the presiding officer seeking the disqualification of lawmakers within 15 days of the failure to abide by the party whip. Failing such a request within the specified time, it is assumed that the breach of discipline has been condoned.
Tough rule to bend
The anti-defection law came into force in 1985 and was amended in 2003 to make defections virtually impossible. Unlike earlier, when rebellion by one-third of the total lawmakers of any party was validated, the new rules stipulated that two-third of a party's lawmakers would have to go against the party line to escape punishment. Rebels of none of the 10 parties are thus qualified to escape disqualification.
Other than the BJP's eight lawmakers, the break-up of members from other parties who went against the official position is as follows: Samajwadi Party (4), TDP (2), JD-U (2), MDMK (2), and one each from the BJP, Akali Dal, Shiv Sena, JD-S, TRS and the Congress party.
So far only the MDMK has approached Lok Sabha Speaker Somnath Chatterjee with a request to disqualify its two rebel MPs, namely G. Ramachandran and L. Ganeshan.
According to rules, the presiding officer, the Lok Sabha Speaker in this case, is required to issue a notice to the rebel MPs, who are then asked to present their case before him. The rebel MPs can use the services of a lawyer to argue the case on their behalf. There is no time limit for the presiding officer to deliver his judgement, which cannot be challenged in any court of law.
Strange excuses
Interestingly, some of the rebels who failed to turn up for voting have given the usual excuse of having fallen ill. One of the BJP MPs said that he vomited blood while he was on his way to Parliament and had to seek immediate medical attention. He said he had forgotten to bring along his mobile phone but, surely enough, he was back home within hours of the ruling Congress party managing to prove its majority.
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