AAP Moves To Disqualify 7 MPs Who Joined BJP, Cites Anti-Defection Law

The Aam Aadmi Party calls for the disqualification of seven Rajya Sabha MPs who joined the BJP, arguing they breached the anti-defection law. Legal experts offer mixed views on merger provisions and constitutional implications, highlighting uncertainty over disqualification in upper house shifts.

The Aam Aadmi Party has asked Rajya Sabha chairman and vice president CP Radhakrishnan to disqualify seven MPs who moved to the Bharatiya Janata Party, AAP leader Sanjay Singh said on Sunday. Singh stated that the party wants their Rajya Sabha membership cancelled under the anti-defection law after what AAP calls an illegal switch.

Singh said AAP consulted several constitutional voices before acting. Senior advocate Kapil Sibal and former Lok Sabha Secretary-General PDT Achary were among those approached. According to Singh, they agreed the MPs are "liable for disqualification under the law", giving AAP confidence to seek action from the Rajya Sabha chairperson.

Aam Aadmi Party Rajya Sabha MPs face anti-defection law questions

The dispute follows a major churn in the Aam Aadmi Party. On Friday, seven Rajya Sabha MPs announced they were quitting AAP and aligning with the Bharatiya Janata Party, triggering an immediate clash over legality. The move raised fresh questions on how the anti-defection law applies to shifts involving upper house members.

Those involved in the controversy are Raghav Chadha, Sandeep Pathak, Ashok Mittal, Harbhajan Singh, Rajinder Gupta, Swati Maliwal and Vikramjit Sahney. Chadha has described the exits as driven by "disappointment, disengagement and disgust" with the Aam Aadmi Party leadership. Sahney pointed to Punjab’s rising debt, farm distress and drug abuse, and also complained of limited access to party leaders.

Legal debate on Aam Aadmi Party Rajya Sabha MPs and merger claims

While Sanjay Singh insists such departures breach the Tenth Schedule, legal specialists are not unanimous. AAP leaders maintain the development violates the Constitution. However, several experts highlight that the anti-defection law allows a merger when two-thirds of a legislature party backs it, creating uncertainty over whether disqualification will hold for these Rajya Sabha members.

Party insiders claim Aam Aadmi Party leaders had sensed possible desertions and held last-minute talks to retain at least some Rajya Sabha MPs. They allege political pressure from rivals and growing internal unhappiness. Earlier, reports said Punjab CM Bhagwant Mann sought an appointment with President Droupadi Murmu with AAP MLAs to press for a "recall" of the MPs, even though no recall option exists for MPs.

Political fallout for Aam Aadmi Party Rajya Sabha MPs in Punjab

Sanjay Singh also rejected suggestions that Punjab MLAs are in regular contact with Raghav Chadha, describing such claims as "false propaganda" meant to unsettle AAP workers. Singh alleged these stories are being circulated by the BJP and others. According to Singh, the leaders who left are facing protests in Punjab and their "membership about to end" has reduced their political influence.