Congress unlikely to expel Adampur MLA Kuldeep Bishnoi; to wait & watch

Tribune News Service

Bhartesh Singh Thakur

Chandigarh, June 21

It has been more than 11 days since Adampur MLA Kuldeep Bishnoi voted against the official Congress candidate Ajay Maken, but he has not been expelled from the party yet. Sources in the party revealed that he was unlikely to be expelled, as it would help him retain his seat.

In case he leaves the party or joins any other party, he has to contest again from the Adampur seat as the anti-defection law comes into play.

The Supreme Court has clarified that not voting for the party candidate will not attract disqualification under the anti-defection law in the Rajya Sabha polls. However, Para 2 (1) (a) of the Tenth Schedule of the Constitution says that if an MLA voluntarily gives up his membership, he stands disqualified for being a member of the House. Also, under Para 2 (2), an MLA stands disqualified if he joins any other political party.

On the day of the Rajya Sabha results when Independent Kartikeya Sharma, who was backed by BJP, JJP and Independents, defeated Maken, CM Manohar Lal Khattar had stated that Bishnoi was welcome in the BJP. Before that, he had met the CM too and had given enough hints that he was upset with the Congress over not being made state party chief.

For the disqualification of a member, a petition has to be filed before the Speaker, and his decision is termed as final under Para 6 (1) as the jurisdiction of courts is barred under Para 7 of the Tenth Schedule.

“Disqualification could also arise if Bishnoi criticises the Congress party on BJP platforms as per Para 2 (1) (a) of the Tenth Schedule, which he has not done so far. He has only lambasted Bhupinder Singh Hooda (former CM and Leader of Opposition),” said a senior Congress MLA. “The party high command has been apprised of Bishnoi. Probably, it is waiting and watching the issue,” said state Congress in charge Vivek Bansal.

Should seek re-election

If we expel him, he can retain his membership of the House. That is why deliberations are on in the party. If he leaves on his own, he has to contest again. If he has any morality, he should go back to people and seek re-election. — Udai Bhan, state Cong prez

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