Telangana Congress leaders have been day-dreaming that they would be able to poach some MLAs from TRS and form the first government in this state. They are deliberately spreading rumors that they are in ‘touch’ with some TRS candidates. As usual the Anti-Telangana media is celebrating this false news and is creating confusion amongst Telanganites.
Anyone with a basic understanding of the Anti-Defection Law passed in 1985 through the 52nd Amendment to Constitution, knows that it is not easy to poach (buy) MLAs of another party.
The law disqualifies any elected member (Eg: MP, MLA), who defects to another party.
However, there was a provision by which a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’.
But, in 2003, the Anti-Defection Law was further strengthened with the 91st Constitution Amendment Act. The fresh amendment says 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.
So, if the Telangana Congress leaders really want to poach (read buy) TRS MLAs, then they have to get 2/3rd MLAs from that party.
Lets take a hypothetical situation. According to most conservative estimates, TRS would win a minimum of 50 MLAs. So, if the T-Cong guys really want to poach (we mean buy) TRS MLAs, then the minimum number they have to get is 33 MLAs!
Now, even a kid would tell you there is no way you can influence so many TRS MLAs.
And if for any reason the attempt to split TRS results in less than 33 MLAs defecting from the party, it will automatically lead to the disqualification of all such MLAs!
Would any TRS MLA defect knowing fully well there is bound to be massive public anger in case of such a betrayal. Also, the high cost of re-election, would also deter any TRS MLA from taking such decision.
All this make it clear that it is impossible to engineer a split in TRS.
The T-Cong leaders are only living in a fools paradise!