The announcement by Bihar’s newly elected Independent Members of Legislative Council (MLCs), Bansidhar Brajwasi and Rahul Raj, about joining the ruling BJP has triggered a political controversy in the state, with the Opposition parties demanding their disqualification under the provisions of the anti-defection law.On Monday, a Jan Suraaj Party (JSP) delegation met the Bihar Legislative Council’s Chairman Ram Bachan Rai to demand the immediate disqualification of Brajwasi and Raj, who recently won, respectively, from the Tirhut Graduates seat and the Saran Teachers’ constituency.Besides the two Independents, in the October 23 MLC polls for eight seats in the state, the BJP and the principal Opposition RJD bagged two seats each, with the NDA ally JD(U) and the JSP winning one seat each.The row erupted after the Bihar BJP issued a press release on Saturday evening, declaring that Brajwasi and Raj had joined the party in the presence of state party president Sanjay Saraogi. The two Independent MLCs also echoed this before the media. Their pictures, showing them wearing the BJP’s saffron scarves while holding party membership slips, flooded digital and social media, even as the BJP later withdrew its press release.The Opposition, including the RJD, Congress, and JSP, seized upon the issue to demand the disqualification of Brajwasi and Raj as MLCs under the anti-defection law.RJD working president and Leader of Opposition in the Assembly, Tejashwi Prasad Yadav, demanded that both the Independent MLCs be disqualified for allegedly violating the anti-defection law. He also accused the BJP of “making a mockery of the Constitution”.RJD MP and national spokesperson Manoj Kumar Jha said: “The Tenth Schedule of the Constitution, known as the anti-defection law, clearly states that if an Independent candidate joins any political party after their election, they face immediate disqualification from the House.”Story continues below this adJSP spokesperson Kumar Saurav cited the numbers on the BJP membership slips purportedly given to Brajwasi and Raj when they joined the party. “It is a blatant violation of constitutional provisions. If needed, we will also move court to demand their disqualification,” he said.Senior JSP leader and ex-MLA Kishore Kumar Munna, who led a delegation to meet Council Chairman Rai, said: “We have informed the Chairman how the two Independent MLCs joined the BJP within 72 hours of winning their elections. We also produced all relevant evidence to support our claim. The two MLCs had openly admitted to joining the BJP. We were assured of appropriate action by the Upper House.”State Congress spokesman Asit Nath Tiwari underlined that “the Opposition is united over the issue”.On their part, the two Independent MLCs have now recalibrated their position, claiming that they have not joined the BJP but “merely offered support” to the party.Story continues below this adBrajwasi said: “I have decided to support the BJP as the state government has agreed to address the grievances of teachers.” Raj said, “I have also decided to support the BJP as I am highly impressed with the development vision of Prime Minister Narendra Modi, Bihar Chief Minister Samrat Choudhary, and former CM Nitish Kumar.”Echoing them, state BJP chief Saraogi, who had presided over the induction event for the two Independents, said: “The two leaders are impressed with the NDA’s functioning and have decided to support us.” He avoided answering media queries whether the two Independent MLCs risked disqualification for their moves.Paragraph 2(2) of the Tenth Schedule dealing with anti-defection provisions says that if an Independent legislator joins any political party at any time after being elected, the member incurs disqualification from the membership of the House. It is unlike provisions in the case of nominated members who do not face disqualification if they switch their political allegiance within six months of becoming members of the House. The final decision on whether a member should be disqualified rests with the Chairman or Speaker, whose decision remains subject to judicial review by the courts.