NEW DELHI/AGARTALA, July 9 ( TIWN): In an interesting move Tripura Pradesh Congress Committee President Birjit Sinha has gone to Delhi on Friday night to meet with AICC Vice-President as well as the experts of AICC Legal cell. A highly placed source in TPCC told TIWN over phone that Birjit Sinha will discuss the recent developments in Tripura politics with Rahul Gandhi especially the situation created after the 6 MLAs of Congress joined Trinamool Congress while Jitendra Sarkar resigned from his post . But the core issue of Birjit Sinha's meeting with Rahul Gandhi will be assess whether the Anti Defection Law may be imposed on 5 of the TMC MLAs namely Sudip Roy Barman, Asish Kumar Saha, Pranajit Singha Roy, Dibachandra Hrangkhal and Dilip Sarkar.

Recently Speaker of Tripura Assembly met all the 6 MLAs who joined TMC separately to review the political stand of these MLAs after Birjit Sinha informed the Speaker in writing that the 5 MLAs post excluding Biswabandhu Sen should be disqualified under Anti Defection Law . After meeting all the 6 MLAs Speaker Ramendra Nath also met with Birjit Sinha and in this meeting Birjit Sinha stated the speaker ," As Biswabandhu Sen has already been expelled by the AICC for his anti-party activities , he should be treated as an Independent MLA. He can join any party. But the rest 5 MLAs come under Anti Defection Law . Thus, they should be disqualified from their  MLA posts ." Hearing the views of Birjit Sinha Speaker Ramendra Nath gave the assurance that he would again meet with Sinha on 15th of July.

The Speaker is now discussing with constitutional experts about this issue. And depending on their views the Speaker will take the ultimate decision.  It is to be mentioned here that the  Anti Defection Law was added via the 52nd Amendment Act, 1985.  The grounds for disqualification under the Anti-Defection Law's are as follows :-

a) If an elected member voluntarily gives up his membership of a political party;

b) If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission.

As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorised person within 15 days of such incident.

* As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'.

* The members so disqualified can stand for elections from any political party for a seat in the same House.

* The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, and his decision is final.

* All proceedings in relation to any question on disqualification of a member of a House under this Schedule are deemed to be proceedings in Parliament or in the Legislature of a state. No court has any jurisdiction

However,  the Dinesh Goswami Committee on Electoral Reforms, the Law Commission in its report on "Reform of Electoral Laws" and the National Commission to Review the Working of the Constitution (NCRWC) all recommended the deletion of the Tenth Schedule provision regarding exemption from disqualification in case of a split. Finally the 91st Constitutional Amendment Act, 2003, changed this. So now at least two-thirds of the members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law. "The merger of the original political party or a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger," states the Tenth Schedule.

Now a split in a political party will not be considered a defection if an entire political party merges with another; if a new political party is formed by some of the elected members of one party; if he or she or other members of the party have not accepted the merger between the two parties and opted to function as a separate group from the time of such a merger.

 A highly placed TPCC source added that in view of his meeting with the Speaker on 15th July Birjit Sinha has rushed to New Delhi to meet with AICC Vice President Rahul Gandhi . He will also meet with the experts of AICC Legal Cell. If the experts suggest that there needs to be a more precise documented presentation on behalf of Birjit Sinha, he will take their advise and accordingly act on it.

 It is learnt that AICC too will support Birjit Sinha's stand on 5 MLAs' issue. However, the TPCC source adds that Congress high command has already asked TPCC to prepare for the by-election . This is an indication that the 5 MLAs posts may be disqualified. But ruling CPI-M is closely watching on the over all development. A Melarmath source told TIWN that CPI-M is ready to face election at any time as the party is convinced to win all the seats if by-election is held. As of now it can be said that to avoid controversy Speaker Ramendra Nath may take a final decision after the end of the up coming Monsoon Session.