Vikrant Shekhawat : Sep 06, 2024, 10:12 PM
Ashok Kumar Kothari: A new political controversy has emerged after Bhilwara's independent MLA Ashok Kothari joined the Bharatiya Janata Party (BJP). This controversy is about the possible threat to Kothari's membership under the anti-defection law. Leader of Opposition Tikaram Julie has written a letter to Assembly Speaker Vasudev Devnani on this issue, in which he has demanded the termination of Kothari's membership.Anti-defection law and Kothari's BJP membershipTikaram Julie, in his letter, citing the provisions of the anti-defection law, has said that independent MLA Ashok Kothari has violated the 10th Schedule of the Constitution by joining the Bharatiya Janata Party. Under the anti-defection law, if an independent MLA takes membership of a party, his membership of the legislature automatically ends.Ashok Kothari shared his BJP membership certificate on his social media account on September 4, making it clear that he has joined the BJP. After this evidence, the question arises whether his membership of the Legislative Assembly is also in danger.Kothari's statement: 'I did not have legal knowledge'Ashok Kothari, while reacting to this controversy, said, "I have taken primary membership of BJP because I have to work for the integrity and strength of the country. The purpose of my membership is to protect Sanatan Dharma. I was not aware of the legal and technical nuances." It is clear from his statement that he has presented the issue of his membership as a technical mistake.Speaker's role and possible impact on membershipAfter the complaint of Leader of Opposition Julie, now Assembly Speaker Vasudev Devnani can ask Kothari about his membership status. If Kothari refuses to join the BJP Legislative Party, then his case may be out of the anti-defection law. Apart from this, the court's decision on independent MLAs joining the party can also affect this matter.Legal and political complexitiesThere is dependence on the decision of the Assembly Speaker regarding this controversy. However, removal from the legislature will not be easy and the process may be lengthy. Senior advocate Pratik Kasliwal said that joining any independent MLA in a party comes under the category of disqualification under the anti-defection law, but everything will depend on the Speaker. He can also keep the matter pending and drag out the time.Amidst this political controversy, the matter of Kothari's MLA status and BJP membership has now taken the form of a major political and legal controversy. Understanding the complexities of the issue, all parties need to pay attention to how the final decision is taken and what impact it has on politics.