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Maurya resignation: is it aimed at preempting disqualification
Lucknow: The sudden resignation by Swami Prasad Maurya from the state assembly has raised many questions including the one of timing. Speaker Mata Prasad Pandey had fixed next Wednesday as the date for hearing of the disqualification case against him. The question, therefore, which is being asked in the political circles is: Has he done it to preempt disqualification?
Majority of politicians answer it in the affirmative. For, under the amended anti-defection law he was unlikely to escape it. He was called by the speaker in this connection first on August 16, almost a week after he had joined the Bhartiya Janata Party, after leaving the parent organisation, the Bahujan Samaj Party.
He had excused himself under the plea that he was busy with his constituency men. It was accepted by the speaker who fixed another date. But just five days before the new date ,decided for the meeting ,he tendered his resignation.
Opinions differ on whether the law can still catch on him. One of them is that the speaker can still disqualify him, calling his non-appearance on the scheduled date as a deliberate attempt to delay the process. Of course, in that case he can approach the court and question his judgement.
The reason is that the Supreme Court in its latest judgement has ruled that the speaker's action under the anti-defection law can be reviewed by the Court. In some other cases his judgement may hold ground.
The law applies to him, according to some legal pundits, because
it says, "defection is defined as to abandon a position or association often to join an opposing group which essentially describes a situation when a member of a particular party abandons his loyalty towards the party and provides his support ( in form of his vote or otherwise )to another party". Passed in 1985 the law was amended in 2003 with inclusion of some new clauses.
There is one exception. He can get off the hook if the member has taken prior permission or was condoned by his party. He does not come under this category either because his party had urged the speaker to disqualify him soon after he was replaced by another party man as the leader of the opposition. The next week is ,therefore, crucial for him as well as others including political- watchers .
Another related issue:
There is another related issue. Will there be a by-election in his constituency after either his disqualification or acceptance of resignation by the speaker? Under the current provision, a by-election should be held if the state election is more than six months away. The current term of the assembly expires in May next and ,therefore, more than six months are left.
Backgrounder:
Four-time member of the assembly, Maurya was elected from Padrauna constituency in Kushinagar district in 2012. He had resigned from the party after his differences with the party head Mayawati whom he had called a " goddess of corruption".
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