States » EastPosted at: Nov 4 2026 4:37PM


RJD leader Siddiqui seeks disqualification of two Bihar MLCs for joining BJP after election

Patna, Nov 4 (UNI) RJD general secretary and Opposition's chief whip in the Bihar Legislative Council, Abdul Bari Siddiqui, on Wednesday demanded the disqualification of independent MLCs Banshidhar Brajwasi and Rahul Raj for 'joining' the BJP after their election.
Leading a delegation of INDIA bloc leaders, Siddiqui met Bihar Legislative Council Acting Chairman Rambachan Rai and submitted a memorandum seeking immediate initiation of disqualification proceedings against the two members under Paragraph 2(2) of the Tenth Schedule of the Constitution. The delegation also urged the Chairman to terminate the duo's membership of the Council and declare the two seats vacant without delay.
In the memorandum, Siddiqui said Brajwasi, elected from the Tirhut Graduates' constituency, and Rahul Raj, elected from the Saran Teachers' constituency, had contested as independent candidates. Their status as independent candidates was recorded in the official election documents, he pointed out.
Their subsequent formal induction into the BJP, as reported publicly, attracts disqualification under the anti-defection law, Siddiqui argued.
Citing Paragraph 2(2) of the Tenth Schedule, he said an elected independent member of a legislature would be disqualified if he joined a political party after the election. The provision did not grant independent members any exemption to join a political party while retaining their membership of the House, he said.
Siddiqui also referred to Article 191(2) of the Constitution, which provides for disqualification from membership of a state legislature under the Tenth Schedule.
The memorandum also cited Rules 6 and 7 of the Bihar Legislative Council Members (Disqualification on Ground of Defection) Rules, 1994, which prescribe the procedure for filing and deciding disqualification petitions.
Referring to the Supreme Court's judgment in Dr Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council and Others (2004), Siddiqui said the court had interpreted the provisions of the Tenth Schedule in the context of the Bihar Legislative Council and the position of independent members joining political parties after their election.
He urged the Chairman to initiate proceedings immediately and pass an order disqualifying Brajwasi and Rahul under Paragraph 2(2), based on the facts and documents submitted with the memorandum.
“This is not merely a matter of the political choices of two individuals. It concerns the democratic mandate, constitutional propriety and the effectiveness of the anti-defection law,” Siddiqui said.
He maintained that independent candidates sought public support based on their distinct political identity and that joining a political party after election would undermine the purpose of the constitutional provision. “Constitutional accountability must take precedence over political convenience. No elected representative can claim the right to retain membership by acting beyond the explicit provisions of the Constitution,” he said.
The delegation expressed hope that the Chairman would ensure an early and impartial decision in accordance with constitutional provisions and the rule of law.
UNI RS MCR
Tags: #RJD leader Siddiqui seeks disqualification of two Bihar MLCs for joining BJP after election
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