This opinion piece examines how recent political “switches” in Maharashtra have revived debate about loopholes in the anti-defection framework under the Tenth Schedule of the Constitution. It focuses on the case of Sachin Ahir of the Shiv Sena (UBT), who reportedly shifted allegiance to Eknath Shinde’s Shiv Sena on June 30 and was then elected unopposed the very next day as Deputy Chairperson of the Maharashtra Legislative Council.

Ahir claimed he had not technically changed parties and argued that he had been elected as an MLC in 2022 as a Shiv Sena leader, with the vertical split occurring later. A similar pattern had previously occurred when Neelam Gorhe, then Deputy Chairperson of the Legislative Council, shifted from the UBT group to Shinde’s Shiv Sena, asserting she had not changed party membership.

The Election Commission allocated the original party name to Shinde, but the Supreme Court is reviewing the broader matter. The core constitutional issue involves paragraph 5 of the Tenth Schedule, which provides an exemption from disqualification for office-holders who give up party membership due to election to a constitutional role.

Related current affairs