Bihar: RJD seeks disqualification of two Independent MLCs over BJP switch; BJP says they only offered support

A row over the anti-defection law has broken out in Bihar after two newly elected Independent members of the Legislative Council appeared at a BJP programme in Patna on Saturday, days after defeating candidates of the BJP's own ally, the JD(U).

Banshidhar Brajwasi retained the Tirhut Graduates' seat and Rahul Raj won the Saran Teachers' seat in the recent biennial polls to eight Council seats. Both met Chief Minister Samrat Choudhary and were welcomed at the party office, and both initially told reporters they had joined the BJP.

Opposition cites Tenth Schedule

Leader of Opposition Tejashwi Yadav demanded late on Saturday that both be disqualified, arguing that an Independent who joins a party after being elected attracts disqualification under the Tenth Schedule of the Constitution. He accused the BJP of making a mockery of the Constitution.

On Sunday, RJD Rajya Sabha MP Manoj Kumar Jha said the party would petition the Chairman of the Legislative Council, who decides such cases, to seek the two members' disqualification.

BJP says no formal induction

The BJP has rejected the charge. State president Sanjay Saraogi said the two had extended support to the party, and spokesperson Kuntal Krishna said in a video statement that they were expressing trust in Prime Minister Narendra Modi, Chief Minister Choudhary and JD(U) president Nitish Kumar. The Daily Pioneer reported that the two later clarified on social media that they had offered support and had not formally joined. Whether they took formal membership is likely to be the central question if a petition is filed.

Strain within the NDA

The episode has also exposed friction in the ruling alliance. In the Council polls, the BJP and JD(U) contested four seats each, but the BJP won only two and the JD(U) one, while the RJD took two. JD(U) candidate Anand Pushkar, who lost Saran Teachers' to Rahul Raj, publicly questioned whether some BJP leaders had backed him and said assurances given to him before the contest were not kept. He reaffirmed his loyalty to the JD(U) and Nitish Kumar.

Any decision on disqualification will rest with the Council Chairman once a formal petition is received. For Bihar's NDA, the dispute adds to post-poll friction between the two main allies.