The Congress is facing unprecedented poaching of MLAs ahead of the Rajya Sabha election in Gujarat. On Friday it reminded defectors that they should not presume legal consequences won't haunt them after the term of this Assembly as they would be liable for disqualification for six years in future.
Hinting at legal action against party MLAs who were resigning, Congress spokesperson Abhishek Singhvi said even giving up membership voluntarily came under the definition of defection.
"The traders of MLAs and the masterminds of this sinister game might have hidden this fact from the defectors who are changing sides on the promise of a ticket for the next election and money," Singhvi, a lawyer himself, said.
To those who were presuming they would escape the clutches of law as they would not vote at all, Singhvi said that if inference could be drawn that anyone gave up his membership to violate the party whip, or help any other party, action could be taken.
"You defect, not vote, cross-vote... all of them will be liable for punishment under the Anti-Defection Law, Prevention of Corruption Act and section 120B for conspiracy under CrPC," he said.
The Tenth Schedule of the Constitution which deals with this subject says: "A member of a House belonging to any political party shall be disqualified for being a member of the House - (a) if he has voluntarily given up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party."
The Representation of the People's Act 1951 was amended in 2004, making it mandatory for MLAs to show their vote to the authorised agent of the party in the Rajya Sabha election. "Journalist Kuldip Nayar challenged the amendment citing confidentiality of the individual vote, but the Supreme Court ruled that defection was a greater concern," Singhvi said.
With four more MLAs -Ramsinh Parmar, Mansinh Chouhan, Chhanabhai Choudhary and CK Rauli - resigning, the Congress geared up its machinery in the state to protect its flock and even created a massive uproar in Parliament in order to dissuade poachers.
The Congress presented evidence of poaching at a press conference in Ahmedabad, with one MLA, Punabhai Gamit, claiming he was pressured and offered Rs 10 crore to resign by a senior police officer.
Singhvi narrated the incident in Delhi, saying that the BJP subverted the democratic process using money, muscle and power in Goa, Manipur, Uttarakhand and Arunachal.