The Telangana speaker’s decision to allow the merger of defector MLAs with ruling TRS has thrown up a legal question. Because the merger is in contravention of recent amendment of the anti-defection law. The provision related to the merger of any faction of the original party with another party has been deleted from the statute.
The following is the message from the Assembly secretary, Dr Raja Sadaram.
“All the Members are informed that twelve Members of Telugu Desam Legislature Party viz.,1) Sri Errabelli Dayakar Rao, 2) Sri Talasani Srinivas Yadav, 3) Sri G.Sayanna, 4) Sri T.Prakash Goud, 5) Sri Teegala Krishna Reddy, 6) Sri Manchireddy Kishan Reddy, 7) Sri Madhavaram Krishna Rao, 8) Sri K.P.Vivekanand, 9) Sri Challa Dharma Reddy, 10) Sri S.Rajender Reddy, 11) Sri Maganti Gopinadh, and 12) Sri Arikepudi Gandhi have submitted a letter to the Hon’ble Speaker stating that they have merged with Telangana Rashtra Samithi Legislature Party (TRSLP). Further, they have stated that the said 12 Members constitute more than two thirds of TDLP and requested to take appropriate action in the matter. The Hon’ble Speaker has taken note of the same and allotted seats to them along with the Members of TRSLP in the House.” The message refers to the claim of the Rebel MLAs that they constitute more than two thirds of TDLP.
” …said 12 Members constitute more than two thirds of TDLP” is the crux of the issue. This goes against the provisions of anti-defection law.
What is the provision of Anti-defection law that deals with merger?
Para 3. The Tenth schedule as added to the Constitution by the Constitution (fifty-second amendment)Act, 1985 contained a provision (Paragraph 3 of the Tenth Schedule) to the effect that no member will be disqualified from the membership of the House where he make a claim that he and other members of his legislature party constitute a groups representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one third members of the legislature party concerned.
This para 3 of the anti-defection law which is otherwise known as Constitution (fifty-second amendment)Act, 1985, used to deal with the merger of faction of a party with other parties. But this provision ie paragraph 3 has been omitted from the Tenth Schedule by the Constitution Amendment (Ninety-first Amendment)Act, 2003 which came into force with effect from January 1, 2004. Consequent upon the omission of Paragraph 3, it is not permissible to claim a split in the legislature Party.
Opposition leader in Assembly, K Jana Reddy, Congress MLA DK Aruna, TTDP leader A Revanth Reddy took strong objection to the haste with which speaker allowed the ‘merger’ of TDP MLAs with TRS.
They said a speaker who sat for more than a year over the petition for disqualification of the defectors, acted on the ‘merger’ petition within days which goes against law.
