Eknath Shinde Group Has Voluntarily Given Up Shiv Sena Membership Through Their Acts : PDT Achary https://www.youtube.com/watch?v=nvOanhGEscw
PDT Achary, former Secretary General of Lok Sabha, discusses anti-defection law and disqualification proceedings under the 10th Schedule of the Constitution in the context of political developments in Maharashtra in this interview with Manu Sebastian, Managing Editor of LiveLaw
Time Is Ripe to Rewrite Parts of Anti-Defection Law Which Politicians Habitually Misuse https://thewire.in/law/maharashtra-defection-law-shiv-sena Badly written, wrongly interpreted and obfuscatory at best, Para 4 of the 10th Schedule offers an opportunity to lawmakers to violate the very law it is a part of.
One, his original political party should merge with the other party.
Two, two-thirds of the legislators should agree to the merger.
However, recently, the Goa bench of the Bombay high court held in a defection case involving Goa assembly’s Congress members that if two-thirds of the legislators merge with another party this is a merger in law and the merger of the original political party is not an essential requirement.
Any citizen can move a petition for the disqualification of these MLAs if there is no merger under Paragraph 4 of the schedule.