Though Speaker of the Legislative Assembly Arun Gujarathi has issued
notices to three Nationalist Congress Party (NCP) MLAs who withdrew
support to the Democratic Front government, legal experts say he is
not empowered to take action against them.

Senior advocate Niteen Pradhan said, "According to me, if the speaker
follows the letter of the law, then action cannot be contemplated
under the Anti-Defection Act, because these MLAs have not cast their
vote on the floor of the Assembly, nor have they defied the party
whip. There cannot be any pre-emptive action under the Act.''

Senior lawyer Satish Maneshinde agreed. "The Anti-Defection Act comes
into force only if they disobey the party whip. That has not taken
place this time because it was not on the floor of the House. So any
action the speaker takes now will be illegal," he said.

"The government has to prove its majority on the floor of the House.
If the speaker threatens any action, it is illegal. If at least one-
third of the members of a party do not adhere to the whip, then the
Anti-Defection Act does not apply," Maneshinde added.

Former Shiv Sena Rajya Sabha MP and lawyer Adhik Shirodkar said, "The
provisions of the Anti-Defection Act do not apply to these MLAs. Sena
and Bharatiya Janata Party leaders have checked the provisions of the
law before the NCP MLAs gave letters stating their withdrawal of
support."

Constitution empowers me to act: Speaker
Nationalist Congress Party (NCP) leader and Deputy Chief Minister
Chhagan Bhujbal met Statehouse Speaker Arun Gujarathi with an appeal
to disqualify three NCP MLAS who withdrew support to the Democratic
Front (DF) government.

While saffron alliance leaders Narayan Rane and Gopinath Munde claim
no action can be taken against the MLAs, Gujarathi maintains sections
of the law allow him to do so. He also feels the political imbroglio
will affect the state's image.

* Will there be action against the three NCP MLAs under the Anti-
Defection Act?

The judgement will be delivered in accordance with the constitutional
provisions for disqualifying a member. It is as per the 10th Schedule
of the Constitution, which has been incorporated by the 52nd
Amendment. I will hear out the MLAs before giving judgement. I did
not issue a notice to NCP MLA Vinay Kore, because he has said he
mistakenly did it. (Kore later withdrew his defection.)

* Opposition leaders like Gopinath Munde and Narayan Rane have said
you have no locus standi to take action against the MLAs.

How can they say that? As per the 10th Schedule, the powers to
disqualify members rest with the speaker. Else, I would not have
issued notices to the MLAs. What they (the leaders) say is not as per
the law of the land. My actions are as per the Constitution and the
laws.

* Why have matters come to such a head?

This is all politics. I have nothing to say, since I am holding a
quasi-judicial post.

* Maharashtra has been a progressive and politically stable state. Do
you think the present situation will affect its image?

Definitely, yes.

* Is the atmosphere in Maharashtra conducive to coalition politics?

Coalition politics is always difficult. Even at the Centre, managing
the show is not easy with 28 parties. The prime minister recently
said this in a poem.