Why Swati Maliwal’s fight with AAP won't impact her Rajya Sabha seat | Latest News India - Hindustan Times
close_game
close_game

Why Swati Maliwal’s fight with AAP won't impact her Rajya Sabha seat

May 17, 2024 09:43 PM IST

According to the rules, a lawmaker can be disqualified only in two circumstances – if he/she voluntarily resigns or if a lawmaker votes or abstains.

New Delhi: Even as the Aam Admi Party (AAP) refuted its lawmaker Swati Maliwal’s claim that she was assaulted by Delhi chief minister Arvind Kejriwal’s aide Bibhav Kumar and termed her as the “face and the pawn” of a Bharatiya Janata Party (BJP) conspiracy against Kejriwal, Maliwal is all set to retain her Rajya Sabha seat.

AAP Rajya Sabha MP Swati Maliwal (File Photo)
AAP Rajya Sabha MP Swati Maliwal (File Photo)

According to the rules governing the Tenth Schedule of the Indian Constitution, a lawmaker can be disqualified only in two circumstances – if he/she voluntarily resigns or if a lawmaker votes or abstains during division (voting) contrary to the directions of the party.

Get ready to catch the final stages of the World Cup only on Crickit. Anytime, Anywhere. Explore now!

This means that, even if, say, AAP suspends Maliwal from the party, she will continue to remain the party MP and has to abide by the AAP’s directions on voting in the House. But if AAP expels, she will automatically become an independent MP of the Rajya Sabha and would not remain bound to the directions of any party, according to experts.

Also Read: Swati Maliwal gives statement to Delhi police, says Kejriwal’s aide assaulted her

On “Disqualification on ground of defection”, according to the Tenth Schedule, “(1) Subject to the provisions of 3 [paragraphs 4 and 5], a member of a House belonging to any political party shall be disqualified for being a member of the House— (a) if he has voluntarily given up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.”

To be sure, there is no indication so far that AAP will suspend or take action against its MP. Maliwal is the AAP’s newest MP in the Upper House. She took her oath in January this year.

But even if the ties between AAP and Maliwal result in her expulsion from the party, Maliwal can’t join any other party during the remainder of her term.

According to Section (2) of paragraph 2 of the Tenth Schedule, “An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election”.

A Communist Party of India (Marxist) Rajya Sabha member, Ritabrata Banerjee, was recently expelled from the party but he remained an independent MP.

Maliwal is at the centre of a massive controversy ahead of voting in Delhi for the Lok Sabha elections after the former Delhi women’s panel chief accused Kumar, the personal secretary of Kejriwal, of assaulting her at the chief minister’s residence.

On Thursday, a first information report was registered against Kumar at the Civil Lines Police Station following a complaint by Maliwal in which she accused him of “outraging her modesty, slapping, kicking and threatening” her at the CM’s residence three days ago.

Meanwhile, the AAP had called her allegations ‘lies’ and said that it was a conspiracy hatched by the BJP against Kejriwal.

Get World Cup ready with Crickit! From live scores to match stats, catch all the action here. Explore now!

See more

Get Current Updates on India News, Budget 2024, Weather Today along with Latest News and Top Headlines from India and around the world.

SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Tuesday, June 25, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On