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What Will Happen To Swati Maliwal’s Rajya Sabha Seat In Case Of Her Exit From AAP | Explained

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Swati Maliwal Rajya Sabha Seat:  Controversy surrounding the AAP Rajya Sabha MP Swati Maliwal has escalated on Friday after she lodged a formal First Information Report (FIR), levelling serious allegations against the Delhi Chief Minister Arvind Kejriwal‘s aide Bibhav Kumar. AAP which refrained from choosing a side until yesterday came out in support of Kejriwal’s confidant Kumar, while calling Maliwal a pawn playing in the hands of the Bharatiya Janata Party (BJP). Bibhav Kumar also filed a complaint with Delhi Police via email detailing his side of the ordeal and alleged Maliwal of ‘fabricating lies.’

Amid the slugfest of allegations, the question now looms on the political future of Swati Maliwal, who is currently serving as an AAP Member of Parliament in the upper house of the Rajya Sabha. She was sent to the Rajya Sabha on a party ticket from Delhi in January 2024, with a term spanning six years till 2030.

Swati Maliwal Rajya Sabha Seat Conundrum Explained

According to the Anti-Defection Law, part of the Tenth Schedule of the Indian Constitution, there are two cases when a Member of the house could be disqualified. First is if he has voluntarily given up his membership of such political party, or in the second case if he votes or abstains from voting in such House contrary to any direction issued by the political party, without pre-approval from the party. If they do this and the party doesn’t forgive them within fifteen days, they could lose their house membership.

So if Maliwal doesn’t give up her seat and vote according to the party’s whip in the Rajya Sabha, she will retain her seat in the upper house. However, if AAP decides to expel her from the party, she will immediately become an independent MP in the house, thus freeing her from the obligations of the party line.

What if Maliwal joins any other party

If Maliwal is removed from AAP, she can’t join any other party while she’s still serving as a Rajya Sabha MP. According to Section 2 of Paragraph 2 of the Tenth Schedule, a member elected independently who later joins a party will lose their seat.

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“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,” the section reads.

aource by : Jagran English

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