RJD demands disqualification of 2 independent MLCs who joined BJP in Bihar
Synopsis
Two independent MLCs who defeated JD-U candidates in Bihar's Legislative Council elections have now joined the BJP — and the RJD wants them disqualified. Citing the Tenth Schedule's anti-defection provisions, the party is threatening court action and an Election Commission complaint, while also pointing to a deeper rift: the BJP, critics argue, is deliberately undermining its own coalition partner, JD-U.
Key Takeaways
RJD has demanded the disqualification of independent MLCs Rahul Raj and Banshidhar Brajwasi after they joined the BJP following the Bihar Legislative Council elections.
RJD spokesperson Manoj Kumar Jha cited Paragraph 2(2) of the Tenth Schedule and Article 191(2) of the Constitution as the legal basis for disqualification.
Both MLCs had defeated JD-U -backed nominees — Anand Pushkar in Saran Teachers' and Abhishek Jha in Tirhut Graduates' constituencies.
The two MLCs attended a BJP Legislature Party meeting presided over by CM Samrat Choudhary and state BJP chief Sanjay Saraogi on Saturday .
The RJD plans to approach the Bihar Legislative Council Chairman , the Election Commission , and the courts if no action is taken.
A sharp political controversy has broken out in Bihar after two newly elected independent Legislative Council members — Rahul Raj and Banshidhar Brajwasi — formally extended support to the Bharatiya Janata Party (BJP), prompting the opposition Rashtriya Janata Dal (RJD) to demand their disqualification on Sunday, 1 November 2026. The RJD has invoked the Tenth Schedule of the Constitution, arguing that an independent legislator who joins a political party after winning an election is liable to lose their seat.
What the RJD Has Alleged
RJD national spokesperson and Rajya Sabha member Manoj Kumar Jha, addressing a press conference at the party's state headquarters in Patna, cited Paragraph 2(2) of the Tenth Schedule and Article 191(2) of the Constitution to support the disqualification demand. He argued that a clear legal distinction exists between merely extending support to a party and formally becoming its member — and that the latter triggers anti-defection provisions.
Jha alleged that both independent members had publicly displayed slips indicating their formal induction into the BJP after their electoral victories, and said video footage and documentary evidence were available. The RJD said it would formally place the matter before the Bihar Legislative Council Chairman and, if needed, approach the judiciary.
The JD-U Angle: NDA's Internal Fault Line
The controversy carries implications well beyond procedural law. Jha accused the BJP of engineering the induction with a deliberate political purpose — to undercut its own National Democratic Alliance (NDA) partner, the Janata Dal-United (JD-U). Both Rahul Raj and Banshidhar Brajwasi had, in the recent Bihar Legislative Council elections, defeated JD-U-backed nominees: Raj beat Anand Pushkar from the Saran Teachers' constituency, and Brajwasi defeated Abhishek Jha from the Tirhut Graduates' constituency.
On Saturday, both newly elected MLCs attended a BJP Legislature Party meeting at the party's state headquarters, where they were welcomed by BJP state President Sanjay Saraogi in the presence of Chief Minister Samrat Choudhary. The optics of a sitting Chief Minister presiding over the induction of legislators who defeated alliance partners have sharpened tensions within Bihar's ruling coalition.
What Manoj Kumar Jha Said
'We had heard of vote theft before, but this is nothing less than the theft of the people's mandate. You are stealing the mandate because an influential section within the JD-U is helping you do so. Despite having such a large alliance, power, and resources at your disposal, and even after allegedly misusing them, you managed to win only two seats. This is a direct attempt to send a message to the JD-U that it has now become irrelevant to you,' Jha said.
He called on the Legislative Council Chairman to act in accordance with constitutional principles and warned that the RJD would seek judicial intervention if no action was forthcoming. The party also said it would bring the matter to the notice of the Election Commission of India (ECI).
Constitutional and Legal Context
The Tenth Schedule, commonly known as the anti-defection law, was inserted into the Constitution by the 52nd Amendment in 1985. It bars elected members from defecting to another party without facing disqualification. Crucially, independent members who stand for election without a party ticket and subsequently join any political party after winning are explicitly covered under its provisions. Legal experts have noted, however, that disqualification proceedings under the Tenth Schedule are decided by the presiding officer of the House — in this case, the Legislative Council Chairman — making the outcome contingent on institutional independence.
What Comes Next
The RJD's next steps include a formal petition to the Legislative Council Chairman and a likely complaint to the Election Commission. Should the Chairman decline to act, a constitutional challenge before the Patna High Court appears probable, given Jha's explicit warning of judicial recourse. The episode will also test the durability of Bihar's NDA coalition ahead of the state assembly elections due in 2025.
Point of View
In the presence of the sitting Chief Minister, is a pointed signal inside the NDA. The JD-U, which has governed Bihar in partnership with the BJP for years, now finds its own nominees being outflanked by its ally's recruitment drive. The RJD's noise is tactical, but the underlying coalition stress it is amplifying is genuine — and that may matter more in the run-up to the next Bihar assembly election than any Legislative Council ruling.
NationPress
1 Nov 2026
Frequently Asked Questions
Why is the RJD demanding disqualification of the two Bihar MLCs?
The RJD argues that independent MLCs Rahul Raj and Banshidhar Brajwasi violated the Tenth Schedule of the Constitution by formally joining the BJP after winning their Legislative Council seats as independents. Under Paragraph 2(2) of the Tenth Schedule and Article 191(2), an independent member who joins any political party after election is liable to be disqualified.
What is the Tenth Schedule and how does it apply here?
The Tenth Schedule, introduced by the 52nd Constitutional Amendment in 1985, is India's anti-defection law. It explicitly states that an independent legislator who joins a political party after winning election is disqualified from House membership, making it directly applicable if the two MLCs formally enrolled as BJP members.
Who are Rahul Raj and Banshidhar Brajwasi?
Rahul Raj and Banshidhar Brajwasi are newly elected independent members of the Bihar Legislative Council. Rahul Raj won from the Saran Teachers' constituency, defeating JD-U nominee Anand Pushkar, while Brajwasi won from the Tirhut Graduates' constituency, defeating JD-U's Abhishek Jha.
What does this controversy mean for Bihar's NDA alliance?
The episode exposes a potential rift within Bihar's NDA coalition. The RJD has alleged that the BJP inducted two legislators who specifically defeated the JD-U's own candidates, suggesting an attempt to signal the JD-U's diminishing relevance within the alliance — a charge that, if it resonates, could strain the coalition ahead of the next state assembly election.
What are the RJD's next steps?
The RJD plans to file a formal petition before the Bihar Legislative Council Chairman seeking disqualification, lodge a complaint with the Election Commission of India, and approach the Patna High Court if the Chairman fails to act. Spokesperson Manoj Kumar Jha has explicitly warned of judicial intervention if constitutional remedies are not applied.
