Tejashwi Yadav seeks disqualification of two Independent MLCs for joining the BJP after elections.
Bansidhar Brajwasi and Rahul Raj announced their decision to join the BJP.
Yadav alleges their move violates anti-defection provisions under the Constitution's Tenth Schedule.
RJD leader Tejashwi Yadav has sought the disqualification of Bihar MLCs Bansidhar Brajwasi and Rahul Raj, who had announced that they have joined the BJP, less than a week after getting elected as independents.
Yadav, who is the Leader of Opposition in the state assembly, issued a statement to the effect late Saturday night, hours after Brajwasi and Raj made the announcement outside the BJP office.
The RJD leader asserted that both the newly elected MLCs should be disqualified for “violating” the anti-defection law, while slamming the BJP for "making a mockery of the Constitution".
“Both newly elected members of the Legislative Council have formally joined the BJP. Their decision to join a political party after being elected as independent candidates attracts the disqualification provisions of the Tenth Schedule to the Constitution of India,” Yadav said.
“Article 191(2) of the Constitution provides that a member disqualified under the Tenth Schedule shall cease to be eligible to remain a member of the State Legislature. Paragraph 6(1) of the Tenth Schedule vests the authority to decide questions of disqualification on the ground of defection in the Chairman of the Legislative Council,” he said.
Meanwhile, the BJP tried to wriggle out of the situation by claiming that Brajwasi and Raj, elected from Tirhut Graduates and Saran Teachers constituencies, respectively, had merely "extended support to the party".
BJP spokesman Kuntal Krishna and MLA Manoj Sharma came out with video statements, after the controversy arose, asserting that the independent MLCs were "extending their support, reposing trust in the leadership of Prime Minister Narendra Modi, Chief Minister Samrat Choudhary and JD(U) president Nitish Kumar".
In the recently held biennial polls to eight legislative council seats, the BJP and JD(U) had contested four each. While the BJP bagged two seats, JD(U) could manage to win only one.
