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| For BJP leadership Hamlet like to be or not to be is its question | | | Early Times Report
Jammu, June 22: The exercise on bringing seven BJP MLAs, who are said to have defied the party whip by indulging in cross voting during the none too old Legislative council election in Jammu and Kashmir, under the net of anti-defection law does not seem to be quite simple. It has become quite ticklish after one MLA, Chaman Lal Gupta, moved the court against the order expelling him from the primary membership of the organisation.
Though the speaker, Mohd. Akbar Lone, has, after seeing the court directions, stated that the courts cannot interfere in the affairs of the state legislature the matter of disqualification of the seven BJP legislators remains hanging between the speaker and the judiciary.
No doubt the BJP high command has adopted offensive postures against the seven MLAs in the beginning events that have taken place during the last three weeks seem to have forced the party leadership to be on the defensive for the time being. This strategy has been adopted following a show cause notice served by Prof. Gupta, in the capacity of being the leader of the party's legislature party, against four MLAs whom the party high command treated as clean since they had not defied the party whip.
A senior party leader explained that it was upto the speaker to entertain the suggestions of the BJP leadership seeking expulsion of the seven MLAS from the membership of the House as provided under the anti-defection law. As far as the implementation of the anti-defection law was concerned the speaker has unbridled powers.
Under the amended antidefection law, that was carried out in 2005, split in the party is ruled out. Before the law was amended if one-third of the members of a particular party formed a separate group in the state legislature it would be recognised. Even if the number of the group owing allegiance to Gupta is seven out of 11 it cannot evade disqualification.
What seems to have lent strength to the campaign launched by Prof. Gupta's supporters against the BJP high command's decision to expel him (Gupta) from the party is the fact that Gupta had not signed the whip that had been issued by the party. It is learnt that the notice carrying the BJP whip was circulated among the BJP MLAs but it had not reached Prof. Gupta on time. This way his supporters claim that Prof. Gupta cannot be accused of violating the party whip, though he has not. They claim that Gupta had not indulged in cross voting.
But senior BJP leaders are of the opinion that once any party issues a whip during elections or during voting on bills or resolutions that exercise does not remain secret. It is not kept under wraps but is known not only to MLAs of the concerned party but to those belonging to other organisations. Hence Chaman Lal should have been in full knowledge of the whip having been issued by the party and as such it was neither mandatory nor necessary for securing his signature on the notice.
Constitutional experts say that two developments seem to go against those who allegedly resorted to cross voting during the council elections. One is that the period for condoning anti-party act had elapsed. Under the antidefection law if the party leadership decides to condone any violation of the whip issued by the party it should do it within 15 days of the act of violation. However, more than two months have passed hence the question of condoning the act has lost relevance.
These experts say that since the party leadership has held seven MLAs responsible for cross voting by defying the party whip they have invited the provisions of the anti-defection law entailing immediate expulsion from the membership of the Assembly.
But the issue whether the seven BJP MLAs have attracted the provisions of the antidefection law or not has to be decided by the speaker. He has to decide whether the decision of the four MLAs who have elected Jugal Kishore as the leader of the legislature party is valid or not.
Already the seven MLAs have challenged Jugal Kishore's election as leader of the legislature as they continue to treat Chaman Lal Gupta as the party's leader in the Assembly.
In view of these developments the issue pertaining to the future of the seven BJP MLAs has become too complicated to be decided within a day or two. Indications are that suspension order served against four out of seven MLAs may be revoked after sometime. For the time being the two camps, one led by Shamsher Singh Manhas, and the other by Prof. Chaman Lal Gupta, have drawn their swords and are getting ready to measure strength.
Even if senior BJP leaders say that the party is above individuals the saffron brigade has suffered a major erosion in the Jammu region which is its area of influence. |
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