Defection by MY members in JD (U) will attract anti-defection law
Patna: The members belonging to Muslim community and Yadav caste in the Janata Dal (United) will switch loyalty and join hands with Lalu Prasad Yadav to throw out the Nitish government in he state.
The government survived on Friday and proved majority on the floor of the assembly because the time was not given to the opposition to work a new strategy. It will be out of power soon.
These are some of the claims being made by Rashtriya Janata Dal leaders including Lalu Prasad Yadav, party president.
But the task is not so simple as is being made out to be. The first hurdle is the number -- number of Muslims and Yadav members in the JD(U).
Even if all of them decide to desert the party they cannot keep the anti-defection law at bay. So, they are likely to stay put.
The law will not be attracted only when 23 members of the party move out together and merge with the RJD. The two groups do not reach this total.
The law is very clear in this case. The ninety-first amendment of the constitution made in 2003 says that two-thirds members of the party have to merger with another party to be out of the anti-defection law.
Before the amendment, para three of the tenth schedule of the constitution, recognised one-third desertion as a split.
Two other major provisions to attract the law are : if he or see voluntarily gives up membership of the party (Para 2(1) (a) or if he or she votes against the directive (whip) of the party (para 2 (1)(b)).
So, if all the 23 members do not decide to leave together they will be disqualified.
Lalu is capable of engineering desired defection but at the moment he has not been successful. The ruling coalition had submitted a list of 131 members to the governor in support before it was invited to form a government and all these members voted in its favour.
As the opposition knew that it was short of the number, it had demanded secret voting or "vote according to conscience" which was rightly rejected. Thee has been no such voting in the past two prove majority.