Taking advantage of the confusion prevailing over disqualification of MLAs loyal to Kadapa MP Y.S. Jagan Mohan Reddy and the merger of the Praja Rajyam and the Congress Legislature Parties, Allagadda MLA Sobha Nagireddy on Tuesday created a new controversy by petitioning the Assembly Speaker to either treat her as an independent legislator and allot a separate seat to her, or issue orders disqualifying the other legislators elected on a PR ticket for voluntarily giving up membership of a political party.

Ms Nagireddy pointed out in her letter that the PR has merged with the Indian National Congress with effect from March 7, 2011 vide the Election Commi-ssion’s proceedings No 56/15/2011/PPS-II/2002, dated June 13, 2011. “The EC has also ordered that the PR be removed from the list of political parties with effect from March 7, 2011 and that the symbol allotted to the party be frozen,” her letter said.

The MLA stated that she had vehemently opposed the merger of the PR and INC from the very beginning and pointed out that the 10th Schedule of the Constitution of India entitled her to oppose the merger and yet retain her membership of the Assembly. “According to Constitut-ional provisions, as the PR has been removed from the list of recognised political parties, I automatically become an independent member of the House from the day the Speaker takes on record the merger,” Ms Nagireddy said.

“Disqualification on gro-unds of defection does not to apply in case of merger,” she stated, adding that the law is very clear that any MLA can oppose the merger and yet retain the membership of House.
She also mentioned that sub-para (2) clearly says that “the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the Legislature party concerned have agreed to such merger”. The phrase “deemed to have taken place” clearly means that permission of the Speaker for the merger is deemed to have been given on the day not less than two-thirds of the PR MLAs have given their acceptance for the merger,” Ms Nagireddy stated.