Jitan Ram Manjhi may attract disqualification as an MLA

NEW DELHI: JD(U)’s expulsion of Jitan Ram Manjhi from the party has made him vulnerable to be disqualified as an MLA, according to the provisions of the 10th Schedule of the Constitution. The fact that Speaker Uday Narayan Chaudhary refused to join party rebels has given a crucial edge to the JD(U)-RJD-Congress combine vis-à-vis Manjhi-BJP.

Sources told ET Manjhi’s expulsion was to “stop him from mopping up MLAs while the governor delayed convening of the House”. Bihar’s ruling front’s gameplan was cemented when the Speaker declared Nitish Kumar as JD(U)’s new legislature party leader and de-notified Manjhi. JD(U) has charged Manjhi with “violating the 10th Schedule”.

As per the 10th Schedule, even if a legislator is expelled from a party, he has to follow the party whip in the House on voting, or would be disqualified. The rule says a legislator, even if expelled, can invite disqualification “if he votes or abstains from voting in such House contrary to any direction issued by the party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining...prior permission of such 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”.

Ex-Lok Sabha secretary general PDT Achary concurred “an MLA or MP, even if expelled...has to follow the same party’s whip in the House when voting, failing which his membership could be disqualified by the Chair”.

Invoking this rule Congress expelled Natwar Singh and sought his disqualification as a Rajya Sabha member. Singh quit before expulsion. The SP leadership expelled Amar Singh but allowed him to complete his term.