Bihar RJD files memorandum seeking disqualification of 2 Independent MLCs who joined BJP
Synopsis
Bihar's political temperature spiked as the RJD formally demanded disqualification of two Independent MLCs who reportedly defected to the BJP — a move that has already rattled NDA allies including JD(U) and drawn a parallel petition from Prashant Kishor's Jan Suraaj party. The constitutional question of whether 'support without formal membership' triggers the Tenth Schedule is now squarely before the Legislative Council Chairman.
Key Takeaways
RJD , led by party secretary Abdul Bari Siddiqui , submitted a memorandum to the Bihar Legislative Council Chairman on 4 November 2026 .
The memorandum seeks disqualification of Independent MLCs Banshidhar Brajvasi (Tirhut Graduates' constituency) and Dr Rahul Raj (Saran Teachers' constituency) under the Tenth Schedule of the Constitution.
Both MLCs were elected as Independents but reportedly switched allegiance to the ruling BJP ; the state BJP unit clarified they only 'offered support' and did not formally join.
JD(U) and other NDA allies reportedly expressed reservations over the development.
Prashant Kishor's Jan Suraaj party filed a separate disqualification petition a day earlier, citing unethical conduct.
The Bihar Legislative Council Chairman must now decide whether to initiate formal proceedings under anti-defection law.
The Rashtriya Janata Dal (RJD) on Wednesday, 4 November 2026 escalated its political offensive in Patna, submitting a formal memorandum to the Bihar Legislative Council Chairman demanding the disqualification of two newly elected Independent MLCs — Banshidhar Brajvasi and Dr Rahul Raj — who reportedly switched allegiance to the ruling Bharatiya Janata Party (BJP) after winning their seats. The RJD argued the move constitutes a brazen violation of the anti-defection law enshrined in the Tenth Schedule of the Constitution.
The RJD Delegation and Its Demands
A delegation of RJD leaders, led by party secretary Abdul Bari Siddiqui, appeared before the Legislative Council Chairman to present records and evidence of what the party described as the MLCs' 'assimilation' into the ruling party. The memorandum called for both elected members to be declared disqualified and their memberships annulled under the constitutional anti-defection provisions.
The RJD also demanded that disqualification proceedings be concluded without unnecessary delay and that the Chairman communicate his final decision in writing to the party.
Who Are the Two MLCs
Banshidhar Brajvasi won from the Tirhut Graduates' constituency, while Dr Rahul Raj secured the Saran Teachers' constituency — both as Independent candidates in the Bihar Legislative Council elections. Their reported move toward the BJP, in a House where the ruling National Democratic Alliance (NDA) holds considerable influence, has triggered a political firestorm.
Unease Within the NDA Alliance
The controversy has not been contained to the opposition alone. Allies within the NDA, including the Janata Dal (United) (JD(U)), reportedly expressed reservations over the two MLCs' switch. Following the uproar, the state BJP unit sought to clarify that the two legislators had only 'offered support' and had not formally joined the party — a distinction critics argue is semantically thin under the Tenth Schedule.
Jan Suraaj Party Adds Pressure
The RJD is not acting alone. A day before Wednesday's memorandum, the Jan Suraaj party, led by poll strategist-turned-politician Prashant Kishor, filed a separate petition seeking the two MLCs' disqualification on grounds of unethical and unparliamentary conduct. The twin-track legal pressure from both the principal opposition and a newer political entrant signals that this controversy is far from settled.
What Happens Next
The Bihar Legislative Council Chairman must now decide whether to admit the disqualification petition and initiate formal proceedings under the Tenth Schedule. Any such proceeding would invite legal scrutiny over whether independent members who have not formally merged with a party can be disqualified — a constitutional question with limited precedent in India's legislative history. The outcome could set a significant benchmark for how 'support without membership' is treated under anti-defection law.
Point of View
Campaign alongside its leaders, and vote with it can escape disqualification on a technicality. That question has rarely been adjudicated cleanly in India, and Bihar's Legislative Council Chairman now holds a verdict that could either tighten or widen that loophole. The simultaneous petition from Jan Suraaj signals Prashant Kishor's intent to occupy anti-establishment space in Bihar — using constitutional mechanisms where the mainstream opposition also stakes its claim.
NationPress
4 Nov 2026
Frequently Asked Questions
Why is the RJD seeking disqualification of two Bihar MLCs?
The RJD is demanding disqualification of Independent MLCs Banshidhar Brajvasi and Dr Rahul Raj on the grounds that their reported switch to the ruling BJP violates the Tenth Schedule of the Constitution, commonly known as the anti-defection law. The party submitted a formal memorandum with supporting evidence to the Bihar Legislative Council Chairman on 4 November 2026.
Who are Banshidhar Brajvasi and Dr Rahul Raj?
Banshidhar Brajvasi and Dr Rahul Raj are two legislators who were elected to the Bihar Legislative Council as Independent candidates — from the Tirhut Graduates' constituency and Saran Teachers' constituency respectively. Their reported alignment with the BJP after winning as Independents has triggered the ongoing disqualification controversy.
What is the Tenth Schedule of the Constitution?
The Tenth Schedule, commonly called the anti-defection law, was added to the Indian Constitution in 1985 to prevent elected legislators from switching parties after winning elections. Under its provisions, a member can be disqualified if they voluntarily give up party membership or vote against the party's directive; its application to Independent members who align with a party post-election remains a contested legal question.
Has any other party also demanded disqualification?
Yes. The Jan Suraaj party, led by Prashant Kishor, filed a separate petition seeking the disqualification of the two MLCs on grounds of unethical and unparliamentary conduct — a day before the RJD's memorandum. The dual petitions from both established and emerging opposition forces have intensified pressure on the Legislative Council Chairman.
What has the BJP said about the two MLCs joining the party?
The state BJP unit clarified that the two MLCs had only 'offered support' to the party and had not formally joined it, according to reports. Critics, however, argue that this distinction may not insulate the legislators from anti-defection proceedings if evidence of active assimilation into the party is presented before the Chairman.
