Anant Singh's Seat in Doubt After Party Expulsion

The Janata Dal (United) has removed Mokama legislator Anant Singh from the party for six years and cancelled his primary membership effective immediately. The party has also recommended to Bihar Assembly Speaker Prem Kumar that Singh's assembly membership be cancelled under the Tenth Schedule of the Constitution.

JDU has cited three grounds: non-compliance with party directions, use of insulting language against senior leaders, and campaigning in the Legislative Council election for Jan Suraaj candidate Anuj Singh instead of the party's candidate, Neeraj Kumar, who was contesting from the Patna Graduates Constituency.

The party also expelled former MLA Neelam Devi for six years and cancelled her primary membership for involvement in anti-party activities.

The Constitutional Framework

The Tenth Schedule, widely called the anti-defection law, was inserted through the 52nd Constitutional Amendment in 1985. Its purpose is to stop legislators from changing parties, and it allows disqualification in defined situations.

Key provisions include Paragraph 2(1)(a), covering voluntary surrender of party membership, and Paragraph 2(1)(b), covering voting against party directions or abstaining without the party's condonation within 15 days. Paragraph 6 gives the Speaker the power to decide disqualification.

A Grey Area

Campaigning for a rival party's candidate is not, by the schedule's wording, an automatic ground for disqualification. The Speaker must therefore determine which provision, if any, the allegations fit.

Court Rulings

In G. Viswanathan versus the Tamil Nadu Assembly Speaker in 1996, the Supreme Court said an expelled legislator can still be treated as a member of the party that set them up for election. In Ravi S. Naik versus Union of India in 1994, the court held that voluntarily giving up membership can be inferred from conduct, but only with solid and reliable proof.

The final call rests with the Speaker, and his decision may face judicial review. How the petitions and evidence are assessed will determine the outcome.