Relations between Rajya Sabha MP Swati Maliwal and her Aam Aadmi Party have reached a very delicate point. Delhi Chief Minister Arvind Kejriwal’s PA Bibhav Kumar is accused of assaulting Maliwal. Bibhav Kumar has been arrested. After this whole matter, the atmosphere regarding Maliwal is very heated. Various types of questions are being raised in the media. BJP has come out in his favor. He is constantly attacking you on this pretext. In such Swati Maliwal Speculations are being made about the next step. Why has Maliwal’s relationship with AAP, who was elected to Rajya Sabha in January this year, suddenly deteriorated? Will she leave you and join any other party? Can Swati’s Rajya Sabha membership end now?
In fact, there is a detailed discussion about elected public representatives in the 10th Schedule of the Constitution of the country. According to this, a public representative can be disqualified only under two circumstances. First- If he voluntarily leaves his post or resigns. Second- He votes against the instructions of the party in the House or remains absent from voting. Then his membership can be lost.
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This means that if you Swati Maliwal Even if she is suspended from the party, she will remain the party’s MP in the Rajya Sabha and will have to continue following the party’s instructions in the House. But, if AAP dismisses her from the party, she will automatically become an independent MP in the House and she will not be bound to follow any instructions of AAP in the House.
Regarding disqualification on the ground of defection, the 10th Schedule states that a member of the House will be disqualified if he resigns on his own or if he violates any direction issued by the party and goes beyond the party line. against in the house Voting If he does so or remains absent from voting… then his membership can be terminated. For this, the party needs to lodge a complaint against its member within 15 days.
What is the alternative to going to another party?
As of now it does not seem that you Swati Maliwal Will neither suspend nor dismiss. There is also a provision in this law that even if you dismiss her, Swati Maliwal cannot join any party as long as she is an MP.
There is a clear provision in this law that if a member has been elected on behalf of any party, he will lose his membership if he joins any other party.
A similar case was seen recently. CPI(M)’s Rajya Sabha member Ritabrata Banerjee was recently expelled from the party but is still an independent member.
Tags: Loksabha Election 2024, Loksabha Elections
FIRST PUBLISHED: May 19, 2024, 12:43 IST