Does Siddaramaiah's warning to MLAs have legal standing?

Bengaluru: Notwithstanding his threat to disqualify the MLAs who stay away from the Congress Legislature Party meeting, Mr Siddaramaiah might have to eat his words as his threat to expel MLAs might not stand the scrutiny of law and any such attempt would also reduce the party's strength in the assembly.

 Mr Siddaramaiah while inviting the party legislators to attend the legislature party meet on Friday, had warned that the absence of legislators from the meeting would be construed as their intent to leave the party. "We will bring it your notice that we will initiate action under the 10th schedule of the  Constitution (anti-defection law)." 

Ballari MP and lawyer V.S. Ugrappa maintained that the directive was vague but however, defended the decision saying, "This is an extraordinary situation. Their (MLAs) absence would be read with their conduct and their intent to leave the party. Thefore, it is right," he said.

Former advocate general and senior counsel, B.V. Acharya felt the directive does not have any legal effect. " Legally speaking, it would not stand the scrutiny of law. If for instance, a MLA stays away due to ill health, would he be expelled? This assumption cannot be the basis for taking action under tenth schedule," he said.

Former additional solicitor general K.N. Bhat said that it carried no meaning. The anti defelection law in the tenth schedule applies to voting inside the House and a legislature party meeting was not part of it.  Even if legislators remain absent, Siddaramaiah cannot take action, he added.