Rajya Sabha MP Sandeep Pathak faces arrest after 2 FIRs filed in Punjab
Synopsis
Two FIRs under non-bailable offences have been filed against Rajya Sabha MP Sandeep Pathak in Punjab, days after he joined six other AAP MPs in defecting to the BJP. While the two-thirds rule shields the group from anti-defection disqualification, the criminal cases signal a sharp political and legal counter-offensive by the AAP government.
Key Takeaways
Two FIRs under non-bailable offences have been registered against Rajya Sabha MP Sandeep Pathak in two Punjab districts; police could act at any time.
Sandeep Pathak was among seven AAP Rajya Sabha MPs — including Raghav Chadha , Harbhajan Singh , and Swati Maliwal — who defected to the BJP last week.
Because seven of AAP's ten Rajya Sabha MPs defected together (over two-thirds), none faces disqualification under the anti-defection law .
Punjab CM Bhagwant Mann won a confidence motion with unanimous support from 88 AAP MLAs in a special Assembly session on Friday.
CM Mann is scheduled to meet President Droupadi Murmu on 5 May to raise the issue of what he called the "illegal and unlawful defection" by the seven MPs.
Two First Information Reports (FIRs) have been registered against Rajya Sabha MP Sandeep Pathak in Punjab under non-bailable offences, raising the prospect of his arrest days after he defected from the Aam Aadmi Party (AAP) to the Bharatiya Janata Party (BJP). According to reports on Saturday, 2 May, the FIRs span two districts and police could act at any time, though further details remain awaited.
The Defection That Triggered the Crisis
Pathak was among seven AAP Rajya Sabha MPs who announced their decision to quit the party and join the BJP last week. The seven MPs are Raghav Chadha, Sandeep Pathak, Ashok Mittal, cricketer Harbhajan Singh, Rajinder Gupta, Swati Maliwal, and Vikramjit Sahney. Except for Maliwal, the remaining six represent Punjab in the Upper House.
Notably, since seven of AAP's ten Rajya Sabha MPs defected together — constituting more than two-thirds of the legislative party — none of them is expected to attract disqualification under the Tenth Schedule of the Constitution, commonly known as the anti-defection law. Had any MP acted alone, they would have risked losing their Rajya Sabha seat. The two-thirds threshold effectively shields the group from that legal consequence.
Punjab Government Responds With Confidence Motion
In the immediate aftermath of the mass defection, Punjab Chief Minister Bhagwant Mann convened a special one-day Assembly session on Friday, in which he moved and won a confidence motion. The motion secured unanimous support from the House, with 88 AAP MLAs present. Two party MLAs were abroad, two were in jail, and two were hospitalised.
Declaring the outcome a reflection of enduring public trust, Chief Minister Mann stated that AAP's support base remains intact and will translate into
Point of View
But their timing is politically unmistakable — they arrive within days of the mass switch and signal that the AAP government intends to use every available lever against the defectors. The two-thirds rule was always going to neutralise the anti-defection route, so criminal proceedings may be the only pressure point left. The more consequential test is CM Mann's meeting with President Murmu on 5 May: if the President refers the matter to the Election Commission, it could set a precedent for how mass defections are scrutinised even when they technically clear the constitutional bar.
NationPress
31 Jul 2026
Frequently Asked Questions
Why is Rajya Sabha MP Sandeep Pathak facing arrest in Punjab?
Two FIRs under non-bailable offences have been registered against Sandeep Pathak in two Punjab districts, according to reports on 2 May 2025. The cases follow his defection from the Aam Aadmi Party to the BJP, though the specific charges have not yet been publicly detailed.
Why don't the seven defecting AAP MPs face disqualification under the anti-defection law?
Under the Tenth Schedule of the Constitution, disqualification does not apply when at least two-thirds of the members of a legislative party merge with another party. Since seven of AAP's ten Rajya Sabha MPs defected together, they clear that threshold and are shielded from losing their seats.
What was the outcome of the Punjab Assembly confidence motion?
Punjab Chief Minister Bhagwant Mann won the confidence motion unanimously in a special one-day Assembly session held on Friday. Eighty-eight AAP MLAs were present, with two abroad, two in jail, and two hospitalised.
What is CM Bhagwant Mann planning regarding the defections?
Chief Minister Mann is scheduled to meet President Droupadi Murmu on 5 May to raise the issue of what he described as the illegal and unlawful defection by seven Rajya Sabha MPs, asserting that such actions amount to a betrayal of the people's mandate.
Who are the seven AAP MPs who defected to the BJP?
The seven MPs are Raghav Chadha, Sandeep Pathak, Ashok Mittal, cricketer Harbhajan Singh, Rajinder Gupta, Swati Maliwal, and Vikramjit Sahney. Except for Swati Maliwal, the remaining six represent Punjab in the Rajya Sabha.
