In an apparent bid to attract Congress MLAs ahead of Rajya Sabha polls, Gujarat Law Minister Pradeepsinh Jadeja today said legislators can cast their vote against the party whip as neither the Constitution nor the law provides for any disqualification for cross voting.
While maintaining that the ruling BJP is not at all interested in encouraging cross voting during Rajya Sabha polls, Jadeja claimed that the Congress is threatening its MLAs to abide by the party whip or else face disqualification for six years, which according to him is a "total lie".
"It seems that the Congress is shaken to the core after cross voting in presidential polls. Fearing the repeat of such scenario in the Rajya Sabha polls, the Congress is spreading lies and misguiding its MLAs by claiming that cross voting would attract six years of disqualification," he told a press conference here.
Jadeja, who also handles Parliamentary and Legislative Affairs portfolio, claimed that no MLA would be disqualified if they refuse to follow the party whip or refrain from giving his vote in the Rajya Sabha polls, to be held on August 8.
"As per a 2015 judgement by Patna High Court, the penalty of disqualification for defection as prescribed in the 10th schedule of the Constitution does not apply in the Rajya Sabha polls, as the election is not conducted on the floor of the House," he said.
His 'guidance-cum-clarification' came at a time when the Congress is struggling to keep all its 57 MLAs united following the cross voting episode in the recently held presidential polls, when at least nine of its MLAs defied the party whip and voted to NDA nominee.
At that time, Congress leadership had claimed that such cross voting will not take place in Rajya Sabha polls, as voting against party whip would disqualify the MLA for six years, something which no MLA would want.
According to Jadeja, even if someone votes against the party whip, the maximum punishment will be suspension from the party for six years, not disqualification.
"Though the party can always sack that MLA, but, he will continue to be the Member of Legislative Assembly and can contest polls. Cross voting in Rajya Sabha poll is also beyond the scope of the Representation of People Act. Thus, it is clear that Congress is trying to intimidate its MLAs by false interpretation of laws," said Jadeja.
Of the total 11 Rajya Sabha members from the state, the term of three -- Smriti Irani and Dilipbhai Pandya (both BJP) and Congress' Ahmed Patel -- is coming to an end on August 18.
The Congress has 57 MLAs in the 182-seat Gujarat Assembly. It needs support of 47 of them to get its candidate through. The main opposition party also has the support of two NCP legislators and one of the JD(U).
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)