Bihar INDIA Bloc seeks disqualification of 2 MLCs who joined BJP after independent win
Synopsis
The INDIA Bloc has formally challenged the membership of two Bihar MLCs who won as independents and then joined the BJP, submitting documentary evidence to the Legislative Council's Acting Chairman under the Tenth Schedule. With Jan Suraaj also filing a parallel demand, the Bihar Council chair is now at the centre of a constitutional test case on whether anti-defection rules bind independent legislators.
Key Takeaways
The INDIA Bloc submitted a memorandum to the Acting Chairman of the Bihar Legislative Council on 4 November 2026 demanding disqualification of two MLCs .
The two members under scrutiny are Rahul Raj and Banshidhar Brajwasi , who allegedly joined the BJP after winning elections as independent candidates.
The delegation was led by RJD National General Secretary Abdul Bari Siddiqui ; the bloc also submitted video footage and documentary evidence.
The demand invokes the Tenth Schedule of the Constitution — the anti-defection law — which the INDIA Bloc argues applies to independents who subsequently join a party.
The Jan Suraaj Party had earlier filed a separate but similar memorandum on the same issue, increasing pressure on the Acting Chairman.
The final decision rests with the Acting Chairman , whose ruling could set a precedent on the anti-defection law's scope in Bihar.
The INDIA Bloc in Bihar has formally demanded the disqualification of two Bihar Legislative Council members, Rahul Raj and Banshidhar Brajwasi, for allegedly joining the Bharatiya Janata Party (BJP) after winning their seats as independent candidates. A delegation of INDIA Bloc leaders on Wednesday, 4 November 2026, submitted a memorandum to the Acting Chairman of the Bihar Legislative Council in Patna, invoking the anti-defection provisions of the Constitution.
What the Memorandum Said
The delegation cited the Tenth Schedule of the Constitution — the anti-defection law — to argue that Raj and Brajwasi had violated constitutional provisions by affiliating with the BJP subsequent to their election as independents. The bloc urged the Acting Chairman to initiate formal disqualification proceedings and cancel the membership of both legislators.
Alongside the memorandum, the delegation submitted video footage and other documentary evidence reportedly establishing that the two MLCs had formally joined the BJP. The leaders requested the Acting Chairman to examine the material and act in accordance with constitutional mandates.
Who Led the Delegation
Rashtriya Janata Dal (RJD) National General Secretary and MLC Abdul Bari Siddiqui led the delegation. MLC Sunil Kumar and other alliance leaders were also present at the meeting. Speaking after submitting the memorandum, Siddiqui said the delegation had handed over 'several important pieces of evidence' and demanded the 'immediate termination of the membership of both MLCs.'
The Constitutional Argument
RJD leaders maintained that the matter required a thorough constitutional and legal examination. Their central contention is that an elected independent representative cannot subsequently join a political party without attracting the disqualification provisions of the anti-defection law. Legal experts note, however, that the application of the Tenth Schedule to independent legislators who later join a party — rather than defect from one — involves interpretive questions that have been contested in courts.
Jan Suraaj Had Already Filed a Similar Demand
Notably, the Jan Suraaj Party had earlier submitted a separate memorandum to the Acting Chairman on the same issue, also seeking the disqualification of Rahul Raj and Banshidhar Brajwasi. With both the INDIA Bloc and Jan Suraaj now on record, the Acting Chairman faces pressure from multiple political formations to act.
What Happens Next
The final decision rests with the Acting Chairman of the Bihar Legislative Council. The proceedings are being closely watched as a test of how the anti-defection law applies to independent members who later align with a party — a question that could have implications beyond Bihar. The issue has emerged as a fresh political flashpoint ahead of the state's already charged legislative calendar.
Point of View
Or only to party members who defect? Courts have not delivered a uniform ruling on this, and Bihar's Acting Chairman is unlikely to find the path straightforward. What is clear is that both the INDIA Bloc and Jan Suraaj — otherwise rivals — are united on this demand, signalling that the two MLCs' defection has rattled the opposition's arithmetic in the Council. If the Acting Chairman delays or demurs, that itself becomes a political statement in a state where the BJP-led NDA commands the executive.
NationPress
4 Nov 2026
Frequently Asked Questions
Why is the INDIA Bloc demanding disqualification of the two Bihar MLCs?
The INDIA Bloc argues that MLCs Rahul Raj and Banshidhar Brajwasi violated constitutional provisions by joining the BJP after winning their Legislative Council seats as independent candidates. The bloc invoked the Tenth Schedule of the Constitution, which governs anti-defection, to demand the Acting Chairman initiate disqualification proceedings.
What is the Tenth Schedule and how does it apply here?
The Tenth Schedule of the Indian Constitution is the anti-defection law, which provides for the disqualification of elected representatives who switch political allegiances under defined conditions. The INDIA Bloc contends that an independent MLC who subsequently joins a political party falls within the schedule's disqualification clause, though this interpretation has been legally contested.
Who submitted the memorandum to the Bihar Legislative Council?
A delegation led by RJD National General Secretary and MLC Abdul Bari Siddiqui submitted the memorandum on 4 November 2026. MLC Sunil Kumar and other INDIA Bloc leaders were also part of the delegation.
Has any other party made a similar demand?
Yes. The Jan Suraaj Party had earlier submitted a separate memorandum to the Acting Chairman of the Bihar Legislative Council, also demanding the disqualification of Rahul Raj and Banshidhar Brajwasi on similar grounds.
What happens next in this case?
The Acting Chairman of the Bihar Legislative Council must examine the evidence — including video footage submitted by the INDIA Bloc — and decide whether to initiate formal disqualification proceedings. The ruling could set a precedent on how the anti-defection law applies to independent legislators who later join a political party.
