Will Swati Maliwal’s chair be snatched away?
Arvind Kejriwal’s PA Vibhav Kumar has been accused of misbehavior and assault by Rajya Sabha MP Swati Maliwal. First, Aam Aadmi Party MP Sanjay Singh said that action will be taken. But now Aam Aadmi Party has taken a U-turn. In fact, Aam Aadmi Party has issued a statement saying that the case of assault on Swati Maliwal was done to implicate Arvind Kejriwal, which is being hatched by BJP. Swati Maliwal is just a face. The party has termed the allegations against Vibhav Kumar as baseless. In such a situation, Swati Maliwal has now started targeting the big faces of the party and the Aam Aadmi Party through gestures. In such a situation, the question arises whether due to this fight with Aam Aadmi Party, can Swati Maliwal lose her Rajya Sabha membership?
Will Swati Maliwal’s MP end?
Swati Maliwal is a Rajya Sabha MP from Aam Aadmi Party. Can he lose his chair amid the fight with Aam Aadmi Party? The simple answer to this question is that not at all. In fact, a direct fight with Aam Aadmi Party will not affect his MP status. In fact, according to the rules of the Tenth Schedule of the Indian Constitution, an MP can be disqualified only in two circumstances. First, that MP should voluntarily resign from the party or his MP. Secondly, that MP votes or votes against the whip or instructions of any party or remains absent in the House during voting. Keeping these two reasons in mind, MPs can be disqualified.
What does the rule say?
However, if Aam Aadmi Party wants, it can suspend Swati Maliwal from the party. Even if the party suspends her, Swati Maliwal can remain an MP. However, even during this time they will have to follow the instructions of the Aam Aadmi Party while voting in the House. Even if Swati Maliwal is expelled from the party, she will still remain an independent MP. In fact, here the provision of the 10th Schedule of the Indian Constitution, which is called “anti-defection law”, will not be applicable. This law was brought in by the 52nd amendment in 1985. Under this, provisions have been given for disqualification of MPs. However, till the time of making the news, there has been no indication that Aam Aadmi Party is going to take any action against Swati Maliwal.
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