However, the elected members belonging to the opposition Maha Vikas Aghadi (MVA) boycotted the ceremony alleging the misuse of EVMs during the Maharashtra Assembly election, in which the Mahayuti alliance registered a landslide victory.
While refusing to take oath as members of the newly constituted Legislative Assembly, the Opposition members raised questions over the Mahayuti alliance’s massive mandate as well as the trustworthiness of the Electronic Voting Machines (EVMs).
“The MVA has decided not to take oath as members of the house on day one. When a government comes to power with such a thumping majority, there are celebrations. But a question arises whether the mandate it received was given by the people or (got with the help of) the EVMs and the Election Commission of India,” PTI quoted Shiv Sena (UBT) leader Aaditya Thackeray as saying.
Besides this, the Opposition members were even seen protesting against the arrests and curfew in Markadwadi village in Solapur’s Malshiras Assembly constituency where the locals have been asking for a mock poll using ballot papers.
What happens next?
Boycotting of the oath ceremony elected leaders of MVA, a major question arises whether they will remain members and continue to receive various perks prescribed for MLAs.
Here’s what the law says
According to Rule 16 of
Maharashtra Legislative Assembly Rules, “At the beginning of each meeting, the Secretary shall call the name of any new member who is present and who desires to take his seat. Such members shall then take the oath or make the affirmation in the manner prescribed in the Constitution.”
In connection with oath or affirmation by members of a legislative Assembly or Council, Article 188 of the Constitution of India mandates all members to take oath to participate in the business of the house and voting.
“Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed on that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule,” it states.
As per Article 193 of the Constitution, a member who sits or votes in the House without taking oath shall be liable for a penalty of ₹500, to be collected as a debt to the State.
“If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of Article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State,” reads Article 193.
As per the existing laws, skipping the oath-taking ceremony currently may not lead to any adverse impact on the membership of the MVA leaders of the Maharashtra Legislative Assembly.
It remains a constitutional grey area, according to experts. Though it’s mandatory for an MLA to take oath or affirmation for participation in the business of the House and voting, no specific timeline has been defined under the Constitutional framework.
Assembly election results
During the 2024 Assembly polls in Maharashtra, held in a single phase on November 20, the Mahayuti – BJP, Eknath Shinde-led Shiv Sena and Ajit Pawar’s NCP – retained power in the state in a landslide victory, bagging 230 of the 288 Assembly seats. Out of these, 132 seats went to the BJP, while Shiv Sena got 57 and 41 were taken by NCP.
On the other hand, the MVA could only secure a win on 46 seats as Uddhav Thackeray-led Shiv Sena (UBT) got 20, Congress 16 and Sharad Pawar’s NCP (SP) managed 10.
