Why JD(U) rebel Sharad Yadav faces disqualification from Rajya Sabha
As the battle between two veterans intensifies, here are the two crucial reasons why Sharad Yadav faces disqualification from the Rajya Sabha under the anti-defection law as per Constitution's Tenth Schedule of the Representation of People Act.
In Short
- Nitish Kumar faction today laid claim over the party and symbol
- Sharad Yadav has already been sacked as leader of Rajya Sabha
- The rebel JD(U) leader threatens to move Supreme Court
The internal wrangling in the Janata Dal (United) [JD(U)] has been turning murkier with every passing day. Bihar Chief Minister Nitish Kumar and party rebel Sharad Yadav factions are at loggerheads ever since the party decided to break ranks with the 'mahagathbandhan' and jump on the NDA bandwagon to rule the state in July.
As is the norm in such cases, both the factions are now staking claim over the party's name and symbol calling themselves the original ones.
Today, a delegation of the Nitish Kumar-led JD(U) faction visited the Election Commission to lay claim over the party and symbol. Sources said the delegation presented a set of documents running into some 250 pages to buttress their claim.
The Sharad Yadav camp has already petitioned the Election Commission. On August 25, it presented its own set of documents asserting that it was Nitish Kumar who had abandoned the JD(U) and, hence, he had no legal and moral authority to take any decision regarding the party.
According to the sources, the Election Commission may take some time before arriving at a decision as they have to go through and examine the bulky documents submitted by both the factions.
Besides in the Election Commission, another battle is being fought between the two camps. It is before the Chairman of the Rajya Sabha pertaining to Sharad Yadav's disqualification from the Upper House.
Nitish Kumar, who is also the JD(U) president, seems to have made up his mind to ensure Sharad Yadav's disqualification as a Rajya Sabha MP. He has removed Sharad Yadav as the leader of the Upper House and replaced him with his loyalist RCP Singh. He has also suspended 21 supporters of Sharad Yadav from the party.
As the battle between two veterans intensifies, here are the two crucial reasons why Sharad Yadav faces disqualification from the Rajya Sabha.
ANTI-DEFECTION LAW
A delegation of Nitish Kumar's JD(U) faction led by RCP Singh met Rajya Sabha Chairman Venkaiah Naidu on September 5 and presented a memorandum requesting him to cancel Sharad Yadav's House membership under the anti-defection law.
The leaders submitted proofs of Sharad Yadav's participation in Lalu Prasad's 'BJP bhagao, desh bachao' rally held in Patna on August 27. They also submitted copies of the resolutions of the party's national council and legislature against the leader.
Sharad Yadav not just defied the JD(U)'s warning by sharing stage with RJD chief Lalu Prasad and other opposition leaders but also made a speech. He spoke against Nitish Kumar's decision to part ways with the grand alliance.
The Nitish Kumar faction has also submitted soft copies of Sharad Yadav's statements in media where he speaks against the party's line.
These may be strong grounds for Sharad Yadav's disqualification under the anti-defection law as per Constitution's Tenth Schedule of the Representation of People Act. Presenting its views before the Supreme Court in February 2016, the Centre had said a member of Parliament or Assembly cannot be automatically disqualified after his or her expulsion from the party but may invite action by the presiding officer for any "overt act".
Additional Solicitor General (ASG) PS Narasimha made the submission before a Bench comprising Justices Ranjan Gogoi, Arun Mishra and Prafulla C Pant hearing a plea seeking to revisit its two-decade-old verdict on the anti-defection law. "If there is any overt act of either joining any other political party voluntarily or defies any whip of any political party then he will attract the provision of the 10th Schedule and action can be taken against him by the Speaker," he said.
RAJYA SABHA CHAIRPERSON
A change in guard in the Rajya Sabha may be favourable for Sharad Yadav's disqualification. On August 11, senior BJP leader M Venkaiah Naidu replaced Hamid Ansari as the Vice President of India and ex-officio chairperson of the Upper House.
Hamid Ansari, a former Congress leader, had courted controversy for being sympathetic towards the stand taken by the party. He is criticised for abruptly adjourning the Rajya Sabha when it was discussing the contentious Jan Lokpal Bill on December 30, 2011.
It was the last day of Parliament's winter session and the Rajya Sabha was witnessing animated discussion on the Bill in the wake of the Anna Hazare movement. Voting was supposed to take place after the discussion.
Besides BJP, several other opposition parties were against the government and the ruling UPA was likely to lose. At the stroke of midnight, Ansari came on the chair and adjourned the House sine die.
Criticising Ansari, the BJP alleged that he came to the government's rescue.
However, the equations have changed now. Naidu may not go out of his way like Ansari to rescue Sharad Yadav, who has joined hands with the Congress.
SHARAD YADAV'S DEFIANCE
Meanwhile, Sharad Yadav remains defiant. He will move the Supreme Court against Nitish Kumar's plan to get him disqualified from the Rajya Sabha by, what he said, "misusing" the 10th Schedule of the Representation of People Act.
Sharad Yadav's camp maintains that they have the patent on the JD(U) and its symbol. They said Rajya Sabha chairperson Venkaiah Naidu cannot disqualify Sharad Yadav as the matter of party's name and symbol were "sub judice" before the Election Commission.
Also read:
Nitish Kumar removes Sharad Yadav as JD(U) leader in Rajya Sabha, names RCP Singh
Sharad Yadav's revolt against Nitish Kumar: How Janata Parivar unites to split
Sharad Yadav's divorce with Nitish Kumar imminent. Marriage with Lalu Prasad on the cards?