Patna, Nov 2 (IANS) Jan Suraaj Party on Monday sought the disqualification of newly elected independent Members of the Bihar Legislative Council, Banshidhar Brajwasi and Rahul Raj, after they joined the Bharatiya Janata Party (BJP) shortly after their election.
A delegation led by former MLA Kishore Kumar Munna met the Bihar Legislative Council’s Acting Chairman Prof Dr Ramvachan Rai and submitted a petition seeking action against the two MLCs under the relevant constitutional provisions.
Jan Suraaj spokesperson Kumar Saurabh criticised the move heavily and said that it was a betrayal of the voters’ mandate and a violation of democratic principles.
“The reason being, the results came out on October 28 – 2 seats were won by BJP, 2 were won by independent candidates, and 2 were won by RJD, and one by Jan Suraaj, and just to create the perception that you won four seats and not two, you tried to tweak the mandate given by the public,” he said.
“They are clearly going against the Schedule 10, 190, and 12(K) provisions of the Constitution,” he added.
The Jan Suraaj delegation alleged that Brajwasi, elected from the Tirhut Graduate constituency, and Rahul Raj, elected from the Saran Teachers’ constituency, joined the BJP before even 72 hours had passed since their election victories.
The delegation argued that their decision to join a political party after being elected as independents violated the provisions of the Tenth Schedule of the Constitution and sought the termination of their membership of the Legislative Council.
Speaking after the meeting, Munna said an independent member elected to a legislative body could face disqualification for joining a political party after the election.
He said the delegation had apprised the Acting Chairman of the entire matter and requested that notices be issued to the parties concerned, and appropriate action be taken in accordance with the law.
Munna said the Election Commission of India, the Chief Electoral Officer of Bihar, the Chief Secretary and the Commissioner concerned had also been made parties to the petition.
He further claimed that both MLCs had publicly acknowledged joining the BJP and accepting membership of the party.
The delegation submitted supporting material, including newspaper reports, statements made by the two leaders in the media and other relevant evidence, in a pen drive to the Acting Chairman.
According to Munna, Rai assured the delegation that he would consult legal experts and take appropriate action in accordance with the applicable rules and legal provisions.
Former MLC Rambali Singh Chandravanshi, who was also part of the delegation, said the members had raised concerns over delays in securing justice while presenting their case before the Acting Chairman.
He said Rai had described the matter as serious and assured the delegation that appropriate action would be taken under the relevant legal and constitutional provisions.
Chandravanshi expressed confidence in the Acting Chairman’s impartiality and said he hoped that a decision would be taken in the interest of protecting the Constitution and democratic values.
The delegation included former MLA Kishore Kumar Munna, former MLC Rambali Singh Chandravanshi, Subhash Kushwaha, Tej Narayan Sahni, Suresh Patel and Obaidur Rahman, among others.
–IANS
sud/vd
