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'Illegal and unconstitutional': Sanjay Singh moves to disqualify Raghav Chadha, 6 others

'Illegal and unconstitutional': Sanjay Singh moves to disqualify Raghav Chadha, 6 others

New Delhi: Aam Aadmi Party leader Sanjay Singh announced on Saturday that the organisation will formally petition the Rajya Sabha chairman to disqualify seven of its legislators who resigned from the party the previous day.

The move follows an announcement on Friday by Rajya Sabha members Raghav Chadha and Sandeep Pathak, who stated they were defecting to the Bharatiya Janata Party alongside five other party colleagues. During a press conference, Chadha asserted that seven of the 10 AAP representatives in the Upper House intended to merge with the BJP.

Legal and Constitutional Challenges

Singh disputed the legitimacy of the defection, characterising the actions of the seven members as "unconstitutional" and "illegal." He argued that parliamentary regulations do not permit such a transition, regardless of the number of members involved.

"Anti-defection law clearly states that any type of split or faction cannot happen in the Rajya Sabha and Lok Sabha. It does not carry any legal recognition, even if it's a two-thirds majority," Singh stated.

The AAP leader further contended that neither the Tenth Schedule of the Constitution nor broader anti-defection statutes acknowledge the validity of breakaway groups or factions within the legislature, even if they constitute a two-thirds majority of the original party's strength.

Formal Disqualification Request

In response to the split, Singh confirmed he is initiating the process to have the seats vacated through official parliamentary channels.

"I am writing to the vice president of India, and chairman of Rajya Sabha, to disqualify the seven MPs," Singh said.

The petition to the chairman will test the interpretation of the anti-defection law as the AAP seeks to penalise the lawmakers for their shift in political affiliation. The development marks a significant fracture in the party's parliamentary presence as it battles to maintain its standing in the Upper House.

With inputs from PTI

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