Anti-defection questions arise after six Sena UBT MPs skip party meeting NEW DELHI: Can refusal of six Lok Sabha members of Sena UBT to attend a meeting despite a ‘whip’ issued by party chief Uddhav Thackeray be a valid ground to disqualify them under the Tenth Schedule for non-obedience?Uddhav’s Sena UBT is planning to seek disqualification of six MPs – Sanjay Jadhav, Bhausaheb Wakchaure, Omraje Nimbalkar, Sanjay Dina Patil, Sanjay Deshmukh and Nagesh Patil Ashtikar – who have broken away from the party by not turning up at the meeting. RS MP Sanjay Raut argued that the absence of the rebels amounted to disobeying the party’s diktat, and that is grounds for their membership to be cancelled under the anti-defection law.Legal experts, however, differ, with some of them holding that disqualification for defiance of the ‘whip’ applies only to the actions of lawmakers inside the House.Kapil Sibal, senior advocate and former law minister, said, “As far as the ‘whip’ is concerned, it is meant for the members’ conduct in the House, to vote or not to vote on a party line, which can be subject to disqualification.” However, if a member is not adhering to the party diktat on attending a party meeting, it amounts to “voluntarily giving up the party membership”. If they have not given any reason for not attending, that can be a ground for disqualification, he added.But is the ‘whip’ solely tied to the proceedings within the legislative House? “The text of the Tenth Schedule explicitly ties disqualification to a member who ‘votes or abstains from voting in such House’ contrary to any direction issued by the political party. The phrase ‘in such House’ is a strict geographical and functional limitation,” said Ajay Garg, an advocate practising in Supreme Court.”A party meeting, an internal organisational consultation, or a legislative party gathering is not ‘the House’. Therefore, non-attendance or defiance at an internal meeting does not constitute a textual violation of the Tenth Schedule,” Garg said.Sibal, however, said “six members of Sena UBT not attending the party’s parliamentary meeting is a collective decision, which suggests they are giving up their party membership and action can be taken on their conduct”.The decision of disqualification as per the Tenth Schedule lies with the Speaker of LS or assemblies, as the case may be, but his decision is subject to judicial scrutiny.Get the latest India news and live updates. Download the TOI App.End of ArticleFollow Us On Social MediaVideosExplained: India’s Telegram Ban Ahead of NEET Re-Exam; Necessary Step or Pointless Move?Football Legend’s Kolkata Tour Mismanagement Still Under Scanner; Accountability Questions GrowHow Jewar Airport Changed The Region: MLA Dhirendra Singh On Jobs, Investment And GrowthPunjab CM Bhagwant Mann Claims Forensic Reports Vindicate Him In ‘Sacrilege’ Video RowUBT Crisis Deepens as Raut Claims Rebel MPs Got More Cash and Moved to Safe LocationBJP Leader Burnt Alive, 2 Others Killed Over Sand Mining Clash In ChhattisgarhCalcutta High Court Refuses Interim Relief to TMC, Ritabrata Banerjee Stays Leader of OppositionSix Shiv Sena (UBT) MPs Stay Away From Delhi Meet, Uddhav Camp on Edge As Defection Buzz IntensifiesVaiko-Vijay Meetings Trigger Buzz Over MDMK’s Future In Tamil Nadu’s Changing PoliticsModi-Starmer Confirm July 15 Launch Of Trade Pact Projected To Boost Bilateral Commerce123Photostories9 high-protein air fryer snacks for office tiffinThere are only 4 American states that start with the letter ‘A’; here’s why they’re famous among travellers5 famous Vande Bharat train routes in North India: Travel time, destinations and fareFrom Langra to Bombay (which has no Mumbai connection): Famous mangoes of India and why they are called soSkip the crowds and explore this offbeat mountain escape with rainbow viewsJapanese proverb of the day: “Life without endeavour is like entering a jewel mine and coming out…”5 relationship myths that can easily destroy a marriageCould these small changes be Alzheimer’s? Doctors share the signs families often missCan’t sleep? American neurosurgeon shares 5 simple tips that actually workMorning puffy face: Expert says it might be a sign of inflammation – how to fix it123Hot PicksAaron Rodger ExCA TopperLionel MessiVaibhav SooryavanshiKannur University FYUGP TrialNFL Trade RumorsThomas TuchelWBJEE admit cardMP board second resultTop TrendingCristiano RonaldoIshan KishanShubham GillFIFA World Cup 2026What is Legacy BadgeDownload Optifine for Minecraft 26.2Aman SangerCBSE 10th Second Board Result 2026Eknath ShindeDevajit Saikia
NEW DELHI: Can refusal of six Lok Sabha members of Sena UBT to attend a meeting despite a ‘whip’ issued by party chief Uddhav Thackeray be a valid ground to disqualify them under the Tenth Schedule for non-obedience?Uddhav’s Sena UBT is planning to seek disqualification of six MPs – Sanjay Jadhav, Bhausaheb Wakchaure, Omraje Nimbalkar, Sanjay Dina Patil, Sanjay Deshmukh and Nagesh Patil Ashtikar – who have broken away from the party by not turning up at the meeting. RS MP Sanjay Raut argued that the absence of the rebels amounted to disobeying the party’s diktat, and that is grounds for their membership to be cancelled under the anti-defection law.Legal experts, however, differ, with some of them holding that disqualification for defiance of the ‘whip’ applies only to the actions of lawmakers inside the House.Kapil Sibal, senior advocate and former law minister, said, “As far as the ‘whip’ is concerned, it is meant for the members’ conduct in the House, to vote or not to vote on a party line, which can be subject to disqualification.” However, if a member is not adhering to the party diktat on attending a party meeting, it amounts to “voluntarily giving up the party membership”. If they have not given any reason for not attending, that can be a ground for disqualification, he added.But is the ‘whip’ solely tied to the proceedings within the legislative House? “The text of the Tenth Schedule explicitly ties disqualification to a member who ‘votes or abstains from voting in such House’ contrary to any direction issued by the political party. The phrase ‘in such House’ is a strict geographical and functional limitation,” said Ajay Garg, an advocate practising in Supreme Court.“A party meeting, an internal organisational consultation, or a legislative party gathering is not ‘the House’. Therefore, non-attendance or defiance at an internal meeting does not constitute a textual violation of the Tenth Schedule,” Garg said.Sibal, however, said “six members of Sena UBT not attending the party’s parliamentary meeting is a collective decision, which suggests they are giving up their party membership and action can be taken on their conduct”.The decision of disqualification as per the Tenth Schedule lies with the Speaker of LS or assemblies, as the case may be, but his decision is subject to judicial scrutiny.
