The Jan Suraaj Party, led by Prashant Kishor, has formally requested the chairman of the Bihar Legislative Council to disqualify two Members of the Legislative Council (MLCs) who reportedly joined the Bharatiya Janata Party (BJP) shortly after their election as Independents. The petition was submitted on Monday in Patna, and the party alleges that Bansidhar Brajwasi and Rahul Raj switched their allegiance to the BJP within 72 hours of being elected from the Tirhut Graduates’ and Saran Teachers’ constituencies, respectively.

A delegation from the Jan Suraaj Party, which included senior leaders Kishor Kumar Munna and Rambali Singh Chandravanshi, along with their legal counsel Partha Sarathi, presented the petition and supporting documents to Council Chairman Ram Bachan Rai. Munna stated that the actions of the two MLCs violated Article 191 of the Indian Constitution, which addresses the disqualification of members of state legislatures.

Details of Allegations Against MLCs

The petition includes affidavits from both MLCs affirming their status as Independents during the election, alongside video evidence and media reports detailing their induction into the BJP. Following their election, both MLCs were photographed holding BJP membership slips and wearing saffron scarves adorned with the party’s lotus symbol. Despite this, BJP spokespersons have claimed that the MLCs did not officially join the party but merely expressed their support.

Munna accused the ruling party of undermining democratic principles, stating that the situation reflects a broader strategy by the BJP to weaken its former ally, the Janata Dal (United) or JD(U). He highlighted that the BJP’s actions come in the wake of JD(U) leader Nitish Kumar stepping down as Chief Minister, which he believes has contributed to the JD(U)’s decline.

In the recent biennial elections for the Upper House, the JD(U) contested four seats but secured only one, while the BJP won two seats, having contested the same number as its ally. Munna’s remarks suggest that the BJP’s electoral strategy is aimed at diminishing the JD(U)’s influence in the state.

Legal Proceedings and Future Actions

Partha Sarathi, the legal counsel for Jan Suraaj Party, explained to reporters that the interpretation of Article 191 in conjunction with the Tenth Schedule of the Constitution supports the disqualification of both MLCs. He noted that the chairman of the Bihar Legislative Council assured the delegation that he would consult with his legal advisors before making a decision.

On Sunday, Kumar Saurabh, the national spokesperson for the Jan Suraaj Party, indicated that the party would escalate the matter to the Supreme Court if the chairman does not reach a decision within three months. He cited previous court orders that established this timeframe for similar cases, emphasising the urgency of the situation.

The Jan Suraaj Party’s petition aims to address what they perceive as a breach of democratic norms and seeks accountability for the actions of the two MLCs following their election. The outcome of this petition could have significant implications for the political landscape in Bihar, particularly regarding the dynamics between the BJP and JD(U).

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