PATNA, Nov 1: Rashtriya Janata Dal (RJD) leader Tejashwi Yadav has sought the disqualification of two newly elected independent members of the Bihar Legislative Council, Bansidhar Brajwasi and Rahul Raj, after they announced their decision to join the Bharatiya Janata Party (BJP).
Yadav, the Leader of Opposition in the Bihar Assembly, issued a statement late Saturday night, shortly after the two MLCs made the announcement outside the BJP headquarters.
The RJD leader argued that their decision to associate themselves with a political party after contesting and winning the elections as independents attracts the disqualification provisions under the Tenth Schedule of the Constitution. He also accused the BJP of undermining constitutional principles through its handling of the matter.
“Both newly elected members of the Legislative Council have formally joined the BJP. Their decision to join a political party after being elected as independent candidates attracts the disqualification provisions of the Tenth Schedule to the Constitution of India,” Yadav said.
Citing Article 191(2) of the Constitution, he maintained that legislators disqualified under the anti-defection provisions become ineligible to continue as members of the state legislature.
He further referred to Paragraph 6(1) of the Tenth Schedule, which empowers the Chairman of the Legislative Council to decide questions relating to disqualification on grounds of defection.
The controversy emerged after Brajwasi and Raj, elected from the Tirhut Graduates and Saran Teachers constituencies respectively, announced their association with the BJP less than a week after securing victories as independent candidates.
The BJP, however, sought to distance itself from the controversy by maintaining that the two legislators had only expressed support for the party rather than formally joining it.
BJP spokesperson Kuntal Krishna and party MLA Manoj Sharma released video statements following the allegations, clarifying the party’s position.
They said the two independent MLCs had extended their support to the BJP and expressed confidence in the leadership of Prime Minister Narendra Modi, Bihar Chief Minister Samrat Choudhary and JD(U) president Nitish Kumar.
The BJP’s clarification came amid questions over whether the two legislators’ political alignment could attract constitutional provisions governing defection.
The development has also drawn attention to the political significance of the recent biennial elections to eight seats in the Bihar Legislative Council.
In the polls, the BJP and Janata Dal (United) contested four seats each. The BJP managed to secure two victories, while the JD(U) won only one seat.
The latest dispute has placed the political status of the two independent MLCs under scrutiny, with the RJD demanding action under the constitutional framework governing elected representatives.