Maharashtra Congress on Thursday said it would initiate legal action to seek the disqualification of 12 councillors in Ambernath who were elected on the party's symbol and subsequently joined the BJP, terming the move illegal and unconstitutional.
The councillors had violated constitutional provisions by defecting after being elected on the Congress symbol, party spokesperson Sachin Sawant claimed.
"This act is completely illegal. Forming an independent group or later joining another political party after being elected on a party symbol is not only unethical but also unconstitutional," he said in a statement.
"The Congress party will initiate legal action to get the membership of these councillors cancelled. Legal notices will be issued to all of them shortly," Sawant said.
Following the local polls held on December 20, the BJP joined hands with its arch-rival Congress under the banner of 'Ambernath Vikas Aghadi' (AVA) to form the Ambernath Municipal Council leadership (in Thane district), sidelining ally Shiv Sena, which emerged as the single largest party.
The Aghadi also includes Ajit Pawar-led Nationalist Congress Party (NCP).
Left red-faced with the awkward arrangement, the Congress on Wednesday suspended its 12 newly elected councillors along with the block president.
The 12 suspended councillors joined the BJP late Wednesday night, strengthening the ruling party's position in the civic body.
Sawant said voters had elected the councillors on the basis of the Congress's ideology and symbol, and switching sides after the elections amounted to betrayal of the public mandate.
Such defections undermine democratic values and weaken faith in the electoral process, he said.
The Congress has maintained that the matter is not merely political but involves serious constitutional and legal violations.
Sawant said the issue would be pursued before the competent authorities in accordance with the law.
The AVA secured a majority of 31 seats in the 60-member local body.
In recent elections, Shiv Sena won 27 seats, falling just four short of a majority. The BJP secured 14 seats, Congress 12, NCP 4, while 2 independents were also elected.
With the support of one independent, the coalition's strength has risen to 32 councillors (including the council president), crossing the majority mark of 30.