RJD seeks disqualification of 2 MLCs over 'BJP switch'
PATNA, Nov. 2 -- A political row erupted in Bihar on Sunday after two newly-elected Independent members of the Legislative Council, Banshidhar Brajwasi and Rahul Raj, reportedly joined the BJP. This triggered demands from the RJD for their disqualification under the anti-defection law.
The controversy took a turn after Brajwasi, who won the Tirhut graduates' seat, later denied formally joining the BJP, stating he had only extended support to the party. Rahul Raj, elected from the Saran teachers' constituency, also told Hindustan Times on Sunday that he had not joined the BJP but only extended support.
The two MLCs had announced their decision at the BJP's state headquarters in Patna on Saturday and were photographed holding party membership slips. The duo, however, immediately retracted their statements as soon as news spread that the MLCs had violated the anti-defection law and faced disqualification.
The state BJP subsequently deleted the WhatsApp press statement announcing their induction, which it had issued on its media WhatsApp group at 7.57pm. A senior party leader later described the photograph as "AI-generated."
BJP spokesperson Kuntal Krishna and MLA Manoj Sharma later said that the two Independents had only extended support to the party and expressed confidence in the leadership of Prime Minister Narendra Modi, chief minister Samrat Choudhary and JD(U) president Nitish Kumar.
The RJD, however, maintained that the two had formally joined the BJP after being elected as Independents, and they would attract disqualification under paragraph 2(2) of the Tenth Schedule of the Constitution.
RJD MP Manoj Jha on Sunday accused the BJP of "mandate theft" after two Independent candidates recently elected to the Bihar Legislative Council reportedly joined the saffron party. Addressing a press conference, Jha said that the party would approach the Legislative Council chairman, the Election Commission and the courts, if necessary, to challenge their move. He accused the BJP of "mandate theft" and said that the post-election switch amounted to a violation of the anti-defection law.
Jha, without naming the JD(U), said that the BJP, with such political manoeuvres, was trying to take control of one party by taking one of its senior leaders into confidence. "What the JD(U) candidate from Tirhut graduates' constituency has said is not hidden from anyone," Jha said. The controversy has also exposed discontent within the ruling NDA after both MLCs defeated candidates fielded by BJP-led NDA alliance partner JD(U) in the recent biennial polls to eight Legislative Council seats. Abhishek Jha, the JD(U)'s defeated candidate from the Tirhut graduates' constituency, expressed disappointment over the lack of support from some senior NDA leaders during the campaign. However, in his post-election statement, he stopped short of naming anyone.
He suggested that he had been left isolated by his own political camp, drawing a comparison with Abhimanyu in the Mahabharata, who was trapped in a "chakravyuh".
Abhishek Jha's remarks came amid allegations that some senior NDA leaders had concentrated their efforts in one particular constituency rather than campaigning for alliance candidates across the region. He questioned whether he had been left to fend for himself despite being the alliance's official nominee. Jha was referring to the Patna Graduates' seat where JD-U's Neeraj Kumar was facing a challenge from Jan Suraaj Party candidate Anuj Singh, who was backed by Anant Singh, JD-U MLA from Mokama, in defiance of the party. The action earned Singh a suspension from the party for six years.
JD(U) MP Devesh Chandra Thakur also alleged that some NDA leaders had not worked sincerely for its candidate Abhishek Jha, who lost the Tirhut graduates' seat to Brajwasi.
Earlier, RJD leader and Leader of Opposition Tejashwi Yadav had also demanded the disqualification of the two Independent MLCs. In a statement issued late on Saturday, he said an independently elected member was liable to be disqualified if they joined a political party after the election.
Yadav cited Article 191(2) of the Constitution, which provides for disqualification under the Tenth Schedule, and said Paragraph 6(1) vested the authority to decide such cases in the chairman of the Legislative Council. He accused the BJP of making a mockery of the Constitution.
Advocate Dinu Kumar of the Patna high court said that the two MLCs could face disqualification if the chairman issued them notices and found that they had joined the BJP. He cited paragraph 2(2) of the Tenth Schedule, read with Articles 102(2) and 191(2) of the Constitution.
Another senior lawyer pointed to the Supreme Court's 2006 judgment in Jagjit Singh vs State of Haryana. A bench comprising then Chief Justice of India YK Sabharwal and Justices CK Thakker and PK Balasubramanyan upheld the disqualification of Independent MLAs who had joined a political party after being elected. The court held that the test was not merely whether formal membership procedures had been completed, but whether the members had given up their Independent status.
Rahul Raj, who had quit the BJP before contesting as an Independent, had said on Saturday that he had returned to the party after being a BJP worker for years. He cited "coalition compulsions" for contesting independently and claimed that an Independent MLC joining a party within 15 days of election would be treated as its authorised candidate.
Brajwasi, who retained the Tirhut graduates' seat, said he had decided to join the BJP after a discussion with Choudhary, who assured him that he would be able to raise constituency issues more effectively through the party. He later denied having formally joined it and said he had only extended support to the government....
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