Patna, Nov 2 (IANS) The controversy over two independent members of the Bihar Legislative Council allegedly joining the BJP shortly after their election has intensified, with Leader of the Opposition Tejashwi Yadav demanding the termination of their memberships under the anti-defection law.
“It is absolutely clear that an independent MLC cannot join any political party after being elected. If they do so, their membership is liable to be terminated. The memberships of both these individuals must be revoked; otherwise, one might as well tear up the Constitution and throw it away,” Tejashwi said.
The controversy concerns Banshidhar Brajvasi, elected from the Tirhut Graduates’ constituency, and Rahul Raj, elected from the Saran Teachers’ constituency.
Both were elected as independent candidates in the recent Bihar Legislative Council elections and subsequently joined the BJP.
On Monday, a high-level delegation of the Jan Suraaj Party, led by former MLC Professor Rambali Singh Chandravanshi, visited the Legislative Council and submitted a formal petition along with supporting documents to Chairman Awadhesh Narayan Singh.
The party has demanded the immediate termination of the memberships of the two MLCs under the anti-defection law.
Speaking to the media after meeting the Chairman, Chandravanshi said Bihar had historically been regarded as the birthplace of democracy and that democratic values rested on public morality and accountability.
He alleged that both MLCs had visited the BJP office within 72 hours of their election and formally joined the party.
According to him, they received membership receipts and wore BJP scarves during the induction programme.
Chandravanshi further alleged that after the possibility of legal action emerged, BJP state president Sanjay Saraogi deleted social media posts relating to their induction and subsequently claimed that the two MLCs had merely visited the party office to extend their support.
Citing the membership receipt numbers, Chandravanshi said the Jan Suraaj delegation had submitted documentary evidence to the Legislative Council Chairman and warned that the issue could no longer be ignored.
Explaining the legal provisions, Chandravanshi referred to his own disqualification under the anti-defection law approximately three years ago.
“Three years ago, I too was removed under the anti-defection law in this very Legislative Council. While there may be some flexibility or scope for interpretation in the case of members elected on party tickets, the law is clear regarding independent members under the 52nd Constitutional Amendment. If an independent member joins a political party after being elected, his membership is liable to be terminated with immediate effect,” he said.
The Jan Suraaj Party has urged the Legislative Council Chairman to examine the evidence and take appropriate action against the two members.
The matter has now placed the spotlight on the application of the anti-defection provisions to independent members of legislative bodies, with the final decision resting with the competent authority under the Constitution.
–IANS
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