MP Kapil Sibal personally entered the legal battlefield
NEW DELHI: After being the counsel for Sena UBT contesting the defection of Shiv Sena MLAs led by Eknath Shinde which resulted in the collapse of MVA govt in Maharashtra, senior advocate and MP Kapil Sibal Wednesday personally entered the legal battlefield by petitioning SC seeking interpretation of anti-defection law in order to curb illegal defections and mergers.”I have filed a petition in person. The central issue in the petition is whether the composition of Parliament can change in the fashion in which it is happening in this country. The interpretation of the 10th Schedule’s fourth paragraph (which permits mergers) is the need of the hour. A similar petition is pending,” Sibal told a bench led by CJI Surya Kant and sought urgent listing. SC agreed to list the matter on Monday.Sena UBT has also moved a petition questioning the Lok Sabha Speaker’s decision to allow merger of six of its nine MPs with the rival Sena party led by Shinde. SC Wednesday entertained the petition and sought responses from the Centre and LS secretariat.In his petition, Sibal cited several instances of defection and subsequent merger of rebel MLAs and MPs, including those affecting Sena UBT and Trinamool Congress.The fourth paragraph of the Tenth Schedule carves out an exception to disqualification for defections.
