Bihar’s ruling NDA faces a fresh political and constitutional challenge as two Independent MLCs who defeated JDU candidates backtrack on joining the BJP, while defeated candidates question the alliance’s election commitments.

What began as a political victory for the BJP in Bihar has now turned into a constitutional controversy, with two newly elected Independent MLCs changing their stand on joining the party after questions were raised over the anti-defection law. The two leaders initially told the media that they had joined the BJP but later claimed they had only extended support to the party.
The two MLCs are Banshidhar Brajwasi, who won from the Tirhut Graduates’ constituency, and Dr Rahul Raj, who won from the Saran Teachers’ constituency. Both had contested the recent Bihar Legislative Council elections as Independent candidates, defeating nominees of the BJP’s NDA ally, the JDU.
After their victory, the two attended a BJP programme where they were seen joining the party. Chief Minister Samrat Choudhary, BJP state president Sanjay Saraogi and Bihar BJP in-charge Harish Dwivedi were also present at the event.
After the programme, both MLCs came out and told the media that they had joined the BJP. However, after the controversy over their membership and the anti-defection law erupted, they took to social media to clarify that they had only extended their support to the party and had not formally joined it.
BJP state president Sanjay Saraogi also backed their clarification, stating that the two MLCs had extended support to the BJP.
The timing of the clarifications has raised questions over whether the decision to describe their association as political support rather than formal membership came after the possible legal consequences became clear.
TEJASHWI SEEKS DISQUALIFICATION UNDER ANTI-DEFECTION LAW
Meanwhile, Leader of Opposition Tejashwi Yadav has demanded the disqualification of both MLCs, citing Paragraph 2(2) of the Tenth Schedule of the Constitution.
According to this provision, an Independent member elected to the House is disqualified if they join a political party after the election.
Tejashwi accused the BJP of making a mockery of the Constitution and democracy and demanded immediate action against the two MLCs.
Under the Constitution, the Chairman of the Bihar Legislative Council has the authority to decide disqualification cases under the Tenth Schedule.
The central question now is whether Rahul Raj and Banshidhar Brajwasi formally joined the BJP or merely extended their support to the party. Their initial statements after the BJP programme, subsequent social media clarifications and other available evidence could become important in determining the matter.
If it is established that they formally joined the BJP after being elected as Independents, they could face disqualification under the anti-defection law. However, merely supporting a political party does not automatically lead to disqualification.

