Tejashwi Yadav demands disqualification of 2 Bihar MLCs for joining BJP after poll win
Synopsis
Two independent MLCs in Bihar allegedly joined the BJP within 72 hours of their election — and now face demands for disqualification from both Opposition leader Tejashwi Yadav and the Jan Suraaj Party. With documentary evidence submitted to the Legislative Council Chairman and BJP accused of deleting social media posts about the induction, the case has become a flashpoint over how anti-defection law applies to independent legislators.
Key Takeaways
Tejashwi Yadav has demanded termination of memberships of two independent Bihar MLCs — Banshidhar Brajvasi (Tirhut Graduates) and Rahul Raj (Saran Teachers) — for allegedly joining the BJP post-election.
Both MLCs allegedly visited the BJP office within 72 hours of their election, received membership receipts, and wore BJP scarves at the induction.
The Jan Suraaj Party , led by former MLC Prof.
Rambali Singh Chandravanshi , has submitted documentary evidence to Legislative Council Chairman Awadhesh Narayan Singh .
BJP state president Sanjay Saraogi allegedly deleted social media posts about the induction and later claimed the two MLCs had only visited to offer support.
Under the 52nd Constitutional Amendment , an independent member who joins a party after election faces mandatory disqualification with no exemption.
The final decision rests with the Legislative Council Chairman as the competent constitutional authority.
Leader of the Opposition Tejashwi Yadav on 2 November 2026 demanded the termination of memberships of two independent members of the Bihar Legislative Council — Banshidhar Brajvasi and Rahul Raj — who allegedly joined the Bharatiya Janata Party (BJP) within days of being elected, triggering a fresh anti-defection row in the state.
What Tejashwi Yadav Said
'It is absolutely clear that an independent MLC cannot join any political party after being elected. If they do so, their membership is liable to be terminated. The memberships of both these individuals must be revoked; otherwise, one might as well tear up the Constitution and throw it away,' Tejashwi said.
His remarks sharpen the political battle lines in Patna, coming as multiple parties converge on the Bihar Legislative Council Chairman with formal complaints and documentary evidence.
The Two MLCs at the Centre of the Row
Banshidhar Brajvasi was elected from the Tirhut Graduates' constituency, while Rahul Raj won from the Saran Teachers' constituency. Both contested as independent candidates in the recent Bihar Legislative Council elections and subsequently joined the BJP, according to the petitioners.
A high-level delegation of the Jan Suraaj Party, led by former MLC Professor Rambali Singh Chandravanshi, formally petitioned Legislative Council Chairman Awadhesh Narayan Singh on Monday, submitting membership receipt numbers and other documentary evidence in support of their disqualification demand.
Allegations Against BJP
Chandravanshi alleged that both MLCs visited the BJP office within 72 hours of their election, formally joined the party, received membership receipts, and wore BJP scarves during the induction programme. He further alleged that BJP state president Sanjay Saraogi subsequently deleted social media posts related to the induction and claimed the two MLCs had merely visited the party office to extend support — a version the Jan Suraaj Party contests.
Notably, Chandravanshi cited personal precedent, disclosing that he himself was disqualified under the anti-defection law approximately three years ago in the same Legislative Council. 'While there may be some flexibility or scope for interpretation in the case of members elected on party tickets, the law is clear regarding independent members under the 52nd Constitutional Amendment. If an independent member joins a political party after being elected, his membership is liable to be terminated with immediate effect,' he said.
The Legal Question
The episode has brought renewed attention to the application of anti-defection provisions to independently elected legislators — a relatively less-litigated corner of the Tenth Schedule of the Constitution. Under the 52nd Constitutional Amendment, an independent member who joins any political party after election faces disqualification, with no grace period or merger exemption available to them, unlike party members.
This comes amid a broader national debate over the efficacy and selective enforcement of anti-defection rules, which critics argue have often been applied inconsistently across states and legislative bodies.
What Happens Next
The final decision rests with Legislative Council Chairman Awadhesh Narayan Singh, who is the competent authority under the Constitution in this matter. The Jan Suraaj Party has urged him to examine the submitted evidence and act swiftly. With both Tejashwi Yadav's opposition bloc and the Jan Suraaj Party pressing the case, the Chairman is likely to face mounting pressure for a ruling in the days ahead.
Point of View
Who have no merger route and no grace window. If the Legislative Council Chairman acts swiftly, it could set a meaningful precedent at a time when engineered defections have become a routine instrument of political consolidation. But the BJP's alleged deletion of social media evidence, and the speed with which the official narrative shifted from 'induction' to 'courtesy visit', raises the question of whether institutional accountability can keep pace with digital erasure. Bihar once led India on democratic reform; how its Chairman rules here will say something about whether that reputation still holds.
NationPress
2 Nov 2026
Frequently Asked Questions
Why is Tejashwi Yadav demanding disqualification of two Bihar MLCs?
Tejashwi Yadav has demanded disqualification because the two MLCs — Banshidhar Brajvasi and Rahul Raj — were elected as independent candidates but allegedly joined the BJP within 72 hours of their victory. Under the 52nd Constitutional Amendment, an independent legislator who joins any political party after election is liable to be disqualified.
Who are the two MLCs at the centre of the anti-defection row?
They are Banshidhar Brajvasi, elected from the Tirhut Graduates' constituency, and Rahul Raj, elected from the Saran Teachers' constituency. Both contested as independents in the recent Bihar Legislative Council elections before reportedly joining the BJP.
What does the anti-defection law say about independent members?
Under the 52nd Constitutional Amendment to the Constitution, an independent member of a legislative body who joins a political party after being elected is disqualified from membership with immediate effect. Unlike party members, independents have no merger exemption or grace period available to them.
What evidence has been submitted to the Bihar Legislative Council Chairman?
The Jan Suraaj Party delegation submitted membership receipt numbers, along with supporting documents, to Chairman Awadhesh Narayan Singh. The delegation also alleged that BJP state president Sanjay Saraogi deleted social media posts about the induction after the possibility of legal action emerged.
Who will decide on the disqualification of the two Bihar MLCs?
The competent authority is Legislative Council Chairman Awadhesh Narayan Singh, who received formal petitions from the Jan Suraaj Party on Monday. The Chairman must examine the evidence and rule on whether the anti-defection law has been violated.
