Jan Suraaj seeks disqualification of two Bihar MLCs over BJP switch

Jan Suraaj petitioned the Bihar Legislative Council chairman to disqualify two Independent MLCs over their alleged BJP switch. The dispute tests anti-defection safeguards and may reach the Supreme Court within three months.

In Short

• Petition cites Article 191 alongside the Constitution's Tenth Schedule provisions
• Affidavits, videos and media reports were submitted as supporting evidence
• BJP insists the newly elected legislators merely extended their support

The Prashant Kishor-led Jan Suraaj Party has petitioned the chairman of the Bihar Legislative Council to disqualify two MLCs who admitted to joining the BJP within days of being elected as Independents, news agency Press Trust of India reported.

The party alleged that Bansidhar Brajwasi and Rahul Raj joined the BJP less than 72 hours after being elected from the Tirhut Graduates' and Saran Teachers' constituencies, respectively.

A Jan Suraaj Party delegation submitted the petition and supporting documents to Council Chairman Ram Bachan Rai in Patna on Monday. The delegation included senior leaders and former legislators Kishor Kumar Munna and Rambali Singh Chandravanshi, along with their counsel Partha Sarathi.

“We have sought the disqualification of MLCs Bansidhar Brajwasi and Rahul Raj, who last week got elected from Tirhut Graduates' and Saran Teachers' seats, respectively, and joined the BJP after less than 72 hours,” Munna told reporters.

He said their action violated Article 191 of the Constitution, which deals with the disqualification of members of state legislatures. The petition includes affidavits filed by both MLCs stating that they were contesting as Independents, as well as video footage and media reports concerning their induction into the BJP.

The two MLCs admitted to joining the BJP and posed for photographs with membership slips and saffron scarves bearing images of the party's lotus symbol. BJP spokespersons, however, maintained that the MLCs had not joined the party but had extended their support.

Munna accused the ruling party of committing a “rape of democracy” and said, “The prediction of Prashant Kishor is coming true. The BJP is out to destroy the JD(U), its old alliance partner, which has grown weak since Nitish Kumar gave up the post of the chief minister.”

He said Brajwasi and Raj had defeated JD(U) candidates in their respective constituencies. The JD(U) contested four seats in the recently held biennial elections to the Upper House but won only one, while the BJP won two after contesting the same number of seats as its ally.

Partha Sarathi told PTI Videos that reading Article 191 together with the Tenth Schedule of the Constitution made it clear that both MLCs deserved to be disqualified. “We got a patient hearing, and the chairman has assured us that he will act in accordance with the advice of his legal officers,” he said.

On Sunday, Jan Suraaj Party national spokesperson Kumar Saurabh said the party would approach the Supreme Court if the chairman did not decide the matter within three months, a time frame he said had been laid down by the court in orders concerning similar cases.

The Jan Suraaj Party has, therefore, sought the disqualification of the two MLCs over their move to the BJP soon after their election as Independents and said it would approach the Supreme Court if the matter was not decided within three months.

- Ends