Patna: RJD leader Tejashwi Yadav has sought the disqualification of Bihar MLCs Bansidhar Brajwasi and Rahul Raj, who had announced that they had joined the BJP, less than a week after getting elected as independents.
Yadav, who is the Leader of Opposition in the state assembly, stated that effect late Saturday night, hours after Brajwasi and Raj announced the BJP office.
The RJD leader asserted that both the newly elected MLCs should be disqualified for “violating” the anti-defection law, while slamming the BJP for “making a mockery of the Constitution”.
Under Paragraph 2(2) of the Tenth Schedule of the Constitution of India, an elected member who ran as an independent candidate faces disqualification if they join a political party after the election.
This provision specifies that an individual declared disqualified under the Tenth Schedule loses their entitlement to remain a member of the State Legislative Assembly or Council.
Yadav emphasized that under Paragraph 6(1) of the Tenth Schedule, the authority to decide on anti-defection disqualification rests strictly with the Chairman of the Legislative Council. He requested swift action to declare both MLC seats vacant.
Yadav heavily criticized the ruling alliance, accusing the BJP of turning democratic processes and the Indian Constitution into a mockery. He pointed out a perceived double standard by alleging that the ruling coalition routinely fails to take action when opposition members or independents switch over to their side.
