NEW DELHI: Maintaining that the merger of the seven AAP MPs with the BJP is a violation of the 10th Schedule of the Constitution, former Lok Sabha secretary general and constitutional expert P D T Achary said that the MPs are still technically not part of the BJP parliamentary group in the Upper House.
Speaking to TNIE, Achary said that the disqualification petition against the seven MPs by Sanjay Singh is pending before the Rajya Sabha Chairman and it will be a crucial factor in deciding the fate of them. “The AAP can take the next step after the Chair takes cognizance of the petition,” he said.
Achary’s remarks came after the Rajya Sabha Secretariat updated the party-wise list of members in the House, adding seven AAP MPs with the BJP. With this, the AAP’s strength in the Upper House has reduced to three.
While the updated bulletin indicated Chairman C P Radhakrishnan has accepted the AAP MP’s request to merge with the BJP, Achary said it has no legal implications.
Singh had submitted a petition to Radhakrishnan on Sunday, seeking disqualification of the MPs for violating the anti-defection law.
“According to the Rules framed under tenth schedule (Anti-defection law) any change in the party’s strength in the house has to be notified to the presiding officer and to the secretariat. There is nothing more to it,” he said, adding that what matters is the chairman’s decision on the disqualification petition.
Achary says the AAP can take legal course only after the decision of the Chair on the disqualification petition. “The merger is a clear violation of the 10th Schedule. The sub-paragraph (1) of paragraph 4 of the 10th Schedule says that the merger should be by the original political party,” Achary added.