Just days after confirming its MP Swati Maliwal was assaulted by Delhi chief minister Arvind Kejriwal’s aide Bibhav Kumar, the Aam Aadmi Party took a U-turn and wokayent on to call her the 'face of BJP's conspiracy', the former Delhi Commission for Women, will retain her Rajya Sabha seat, even as the war of allegations continues.
Meanwhile, amid the boiling controversy, another purported CCTV footage of the AAP MP being escorted out of the CM's residence by a female Delhi Police official has surfaced on social media.
ALSO READ: CCTV Footage Of Swati Maliwal At Delhi CM's House Emerges: WATCH
One might wonder how Maliwal would be allowed to retain her seat amidst her souring political relations with the party. But the controversy has nothing to do with her political standing, as according to the Tenth Schedule of the Indian Constituition, a lawmaker can only be disqualified under two circumstances-- if she or he voluntarily resigns or if a lawmaker abstains from voting, going against the party's direction.
In simple words, this means that even if the party suspends Maliwal, she will remain an AAP MP and will have to abide by the party's directions on voting in the House.
Incase of expulsion, although her association with AAP will end, but she will automatically become an independent MP of the Rajya Sabha. However, she would not be bound to the directions of any party, Hindustan Times reported citing experts.
According to the Tenth Schedule, “Disqualification on ground of defection”, includes:
"Subject to the provisions of 3 [paragraphs 4 and 5], a member of a House belonging to any political party shall be disqualified for being a member of the House—
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political 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.”
So far there has not been any indication that AAP will suspend or take action against Swati Maliwal, who is the party's most recent MP. The former Chairperson of Delhi Commission for Women took her oath earlier this year in January.
There is another section in the Tenth Schedule that will prohibit Maliwal to join any other party during the remainder of her term, if AAP expels Maliwal from the party.
Section (2) of paragraph 2 of the Tenth Schedule says: “An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election”.
In a similar case, Ritabrata Banerjee, Communist Party of India's (Marxist) Rajya Sabha member, was recently expelled from the party. However, she continued to remain an independent MP.
With just days after the Delhi CM Arvind Kejriwal walking out of the jail amid a temporary relief granted by the Supreme Court until June 1, in view of the Lok Sabha elections, the recent constroversy that broke after Maliwal's allegations, has made things tough for the AAP supremo as well.
Three Days after the news first broke out, Swati Maliwal, on Thursday, lodged a first information report (FIR) against Arvind Kejriwal's personal secretary Bibhav Kumar at the Civil Lines Police Station, accusing him of “outraging her modesty, slapping, kicking and threatening” her at the CM’s residence.
Meanwhile, the AAP has repeatedly denied the allegations, calling it all a consipracy by the BJP against Arvind Kejriwal.
Bibhav Kumar, on the other hand, as registered a police complaint against Swati Maliwal as well, alleging her of "threatening him to implicate in a fasle case".