Jan Suraaj Party on Monday, 2 November 2026, moved the Bihar Legislative Council seeking the disqualification of two newly elected independent members — Banshidhar Brajwasi and Rahul Raj — after they reportedly joined the Bharatiya Janata Party (BJP) within 72 hours of their election victories. The petition was submitted in Patna to the council's Acting Chairman, Prof Dr Ramvachan Rai, by a delegation led by former MLA Kishore Kumar Munna.

What the Petition Alleges

The Jan Suraaj delegation contended that Brajwasi, elected from the Tirhut Graduate constituency, and Rahul Raj, elected from the Saran Teachers' constituency, both won their seats as independent candidates before publicly acknowledging membership of the BJP. The party argued this constitutes a direct violation of the Tenth Schedule of the Constitution — the anti-defection law — which bars independently elected legislators from joining a political party after their victory.

Jan Suraaj spokesperson Kumar Saurabh said the move amounted to a 'betrayal of the voters' mandate and a violation of democratic principles.' He alleged that the BJP was attempting to manufacture the optics of a broader victory than it actually secured.

What the Spokesperson Said

'The reason being, the results came out on October 28 — 2 seats were won by BJP, 2 were won by independent candidates, and 2 were won by RJD, and 1 by Jan Suraaj, and just to create the perception that you won four seats and not two, you tried to tweak the mandate given by the public,' Saurabh said. He added that the two MLCs were 'clearly going against the Schedule 10, 190, and 12(K) provisions of the Constitution.'

Constitutional Provisions Invoked

The delegation specifically cited Schedule 10 (the Tenth Schedule), Article 190, and Paragraph 12(K) of the Constitution as the basis for disqualification. Former MLA Munna explained that an independent member elected to a legislative body could face disqualification for joining a political party after the election — a settled position under Indian constitutional law.

The petition also named the Election Commission of India, the Chief Electoral Officer of Bihar, the Chief Secretary, and the Commissioner concerned as parties, broadening the scope of the complaint beyond the council alone.

Acting Chairman's Response

According to Munna, Acting Chairman Rai assured the delegation that he would consult legal experts and take appropriate action under the applicable rules and legal provisions. Former MLC Rambali Singh Chandravanshi, also part of the delegation, said Rai described the matter as 'serious.'

The delegation submitted supporting material — including newspaper reports, public statements by the two leaders, and other relevant evidence — on a pen drive. Chandravanshi expressed confidence in the Acting Chairman's impartiality and said he hoped a decision would be taken in the interest of protecting the Constitution and democratic values.

Background and Broader Context

The Bihar Legislative Council elections, whose results were declared on 28 October, saw seats split across the BJP, the Rashtriya Janata Dal (RJD), Jan Suraaj, and independent candidates. The alleged near-immediate shift of two independent winners to the BJP has drawn sharp attention to how post-election party-switching can alter the effective outcome of a council ballot without triggering a fresh mandate from voters.

This is not an isolated phenomenon in Indian legislative history — anti-defection petitions at the state council level have historically taken months or even years to resolve, raising questions about timely enforcement of the Tenth Schedule. How quickly the Acting Chairman acts will now be closely watched, both within Bihar and as a signal for similar contests elsewhere.