After the resignation from the Congress on Holi, Jyotiraditya Scindia on Wednesday formally joined the BJP in the presence of party chief JP Nadda.
According to sources, he will be named one of the two Rajya Sabha nominees from Madhya Pradesh by the BJP.
After Jyotiraditya Scindia ended his 18-year-old relationship with the Congress, followed by the resignations of 21 party MLAs, the 16-month-old government in Madhya Pradesh, led by senior party leader Kamal Nath, is nearing its collapse.
The former Guna MP was taken by Home Minister Amit Shah to meet Prime Minister Narendra Modi on Tuesday, amid reports of Scindia joining the BJP.
While two of the 230 seats in the Madhya Pradesh assembly are vacant, the effective strength after the resignation of 22 Congress MLAs stands at 205 and 103 is the new half-way mark.
The tally for the Congress, which had won 114 seats in the 2018 assembly election, has come down to 91 against the BJP’s 107.
The Congress had outside support of four BSP MLAs and one SP legislator.
Speaker NP Prajapati is yet to accept the resignations of the MLAs. Constitutionally, as per Article 190, an MLA who wishes to resign has to send his/her resignation to the Speaker. It’s the speaker’s acceptance that makes the resignation official.
The Article also lays down that it’s the Speaker’s prerogative not to accept such resignation if upon inquiry he thinks the resignation is not voluntary or genuine.
The Speaker, on anti-defection grounds, can disqualify any member of the House.
If the MLAs from the Scindia camp join the BJP before the Speaker accepts their resignations, the anti-defection law will act against them as they would be said to have joined another party at a time when they were still Congress MLAs in the assembly.
If the Speaker accepts their resignations, the government falls and the party with a majority number of seats will be invited by the Governor to stake claim to form the government.
The anti-defection law doesn’t come into picture in case of a merger. A merger is said to have taken place if not less than two-thirds of the members of the legislature party concerned have agreed to such a merger.
A few months earlier, the same act played out in Karnataka when the Speaker disqualified all the dissident MLAs for the entire duration of the assembly.
However, the Supreme Court while upholding their disqualification by the Speaker, restored their right to contest the by-polls.
Given how things had turned out in Karnataka, the Congress can ask all Congress MLAs to resign en masse and force a fresh election.