Two newly elected members of the Bihar Legislative Council, Banshidhar Brajwasi and Rahul Raj, got relief on 9 November 2026 in a case over alleged defection. The two men won their seats as independent candidates and were accused of joining the BJP after winning, but a technical point in the anti defection law has kept action against them on hold for now.
The complaint against the two MLCs
Banshidhar Brajwasi won the Tirhut graduate constituency for a second time as an independent candidate, while Rahul Raj won the Saran teacher constituency for the first time, also as an independent. After their wins, the RJD and the Jan Suraaj Party complained to the acting Chairman of the Legislative Council, alleging that the two had joined the BJP after winning as independents. The complaint sought their disqualification under the anti defection law in the Tenth Schedule of the Constitution, which bars elected members from voluntarily giving up membership of their party or voting against its directions. The complaint said the two men had violated the law by taking BJP membership after contesting as independents.
The technical point that gave them relief
A technical point has now come up that has given both leaders relief for the time being. Under the anti defection law and the rules of the Legislative Council, disqualification action is taken against a member of the House. Rahul Raj has not yet taken the oath of membership of the Legislative Council, so he is not yet a member in the eyes of the law. Rahul Raj won the Saran teacher seat for the first time, but he has not taken oath yet. The term of the sitting MLC Afaq Ahmed continues till 16 November, so the seat does not formally fall vacant before that date. Banshidhar Brajwasi's current term also ends on 16 November, which creates the same procedural position for him.
Brajwasi denies joining the BJP
After the controversy grew, Banshidhar Brajwasi clarified his position. He said he has not taken formal membership of the BJP, and has only extended support to the government of Chief Minister Samrat Choudhary. That distinction matters, because the anti defection law turns on formal membership and voting conduct rather than on expressions of support. The matter remains tangled between the defection law and the oath taking process. The newly elected MLCs are expected to take oath on 18 November, when eight new members of the Legislative Council are likely to be sworn in, according to media reports.
What happens next
All eyes are now on the Legislative Council's next decision and on the oath taking proposed for 18 November. Once the two men take oath as members, the procedural bar on disqualification proceedings would no longer apply, and the complaints filed by the RJD and Jan Suraaj could be taken up afresh.
