Aam Aadmi Party (AAP) has demanded Rajya Sabha Chairman and Vice President CP Radhakrishnan to cancel the membership of 7 MPs. AAP has complained to the Chairman regarding this. The party has demanded from the Chairman to take action as soon as possible and give a just decision. These seven AAP MPs have recently joined the Bharatiya Janata Party.
In fact, on April 24, Aam Aadmi Party has started action against 7 MPs who rebelled against Aam Aadmi Party and joined BJP. Aam Aadmi Party has sent the complaint of cancellation of membership against the seven rebel MPs to Rajya Sabha Chairman and Vice President CP Radhakrishnan. AAP's Rajya Sabha MP Sanjay Singh said that the party has taken advice from constitutional experts. These also include senior lawyer Kapil Sibal and former Secretary General of Lok Sabha PDT Acharya. Experts say that these MPs can be disqualified under the law.
Sanjay Singh said that a complaint has been sent to the Chairman of Rajya Sabha and the Vice President of the country in which a request has been made to cancel the membership of the seven members as per the 10th Schedule of the Constitution. Sanjay Singh said that you are elected from a party and you are broken by misusing agencies. She scares you and takes you into her own hands. This is a betrayal of the constitutional rights of Punjab and the country.
Sanjay Singh said that such defection is not valid under the Tenth Schedule (Anti-Defection Law). He said that these MPs should be disqualified. Party sources say that the leadership was afraid of defection and an attempt was made to stop some MPs at the last moment. But despite many efforts by party leaders, all seven Rajya Sabha MPs joined BJP. Meanwhile, Punjab Chief Minister Bhagwant Mann had sought time from President Draupadi Murmu so that the MPs could be recalled but there is no provision in the Constitution for recall of MPs or MLAs.
Legal opinion is divided in this entire matter. AAP says that this defection is unconstitutional but many experts believe that under the anti-defection law, merger is allowed if two-thirds of the members of the legislative party are together. In such a situation, questions are being raised whether the case of disqualification applies or not. However, senior lawyer Kapil Sibal and former Lok Sabha Secretary General PDT Acharya said that such MPs can be disqualified.
