New Delhi: Rajya Sabha MP Swapan Dasgupta resigned from his seat Tuesday afternoon, hours after Trinamool Congress said it has decided to move a disqualification notice against him for “violating the Tenth Schedule of the Constitution”, after the BJP gave him ticket to contest the upcoming West Bengal assembly elections.
The Tenth Schedule of the Constitution says a nominated member of Parliament shall be disqualified if he or she joins a political party after the expiry of six months from the date of taking the seat.
The BJP announced Sunday that Dasgupta would be the party’s candidate from Tarakeshwar constituency in Bengal that is going to assembly polls in eight phases starting 27 March.
Sources in the Rajya Secretariat confirmed to ThePrint that Dasgupta has resigned from his RS seat. His resignation is yet to be accepted by Rajya Sabha Chairman M. Venkaiah Naidu.
Trinamool Lok Sabha MP Mahua Moitra had told ThePrint Monday morning that Dasgupta was nominated to the Rajya Sabha in April 2016.
“Unlike his other colleagues like Rupa Ganguly and Subramanian Swamy, who joined BJP after being nominated as RS members, Dasgupta continues to be a nominated member. He did not join the BJP within 6 months (which ended in October 2016) of being nominated to the RS. Now, he is contesting on a BJP ticket. This is a clear violation of the 10th Schedule and he has to be disqualified,” Moitra told ThePrint.
Moitra said her party will move a disqualification notice against the MP. “Trinamool Congress will file a petition before Rajya Sabha chairman M. Venkaiah Naidu seeking Dasgupta’s disqualification,” she said.
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Why Trinamool sought his disqualification
Parliamentary sources had earlier told ThePrint that Dasgupta might have to forsake his RS seat before he files his nomination Friday, if he wants to avoid disqualification.
Asked if he would resign, Dasgupta told ThePrint: “Äny outstanding matter connected to my candidature will be resolved before I file my nomination on Friday. I am not going to say anything more on this matter.”
The controversy erupted Monday evening after Trinamool’s Lok Sabha MP Mahua Moitra posted a tweet that read: “Swapan Dasgupta is BJP candidate for WB polls. 10th Schedule of Constitution says nominated RS member to be disqualified if he joins any political party AFTER expiry of 6 months from oath. He was sworn in April 2016, remains unallied.
Must be disqualified NOW for joining BJP.”
Swapan Dasgupta is BJP candidate for WB polls.
10th Schedule of Constitution says nominated RS member to be disqualified if he joins any political party AFTER expiry of 6 months from oath.
He was sworn in April 2016, remains unallied.
Must be disqualified NOW for joining BJP. pic.twitter.com/d3CDc9dNCe
— Mahua Moitra (@MahuaMoitra) March 15, 2021
She followed it up with another tweet. “Rajya Sabha website as of today says Swapan Dasgupta is nominated & not formally BJP. If he files nomination as @BJP candidate he should be disqualified according to the Constitution’s 10th Schedule (Para 2 (3)).”
Following up on my previous tweet – Rajya Sabha website as of today says Swapan Dasgupta is nominated & not formally BJP. If he files nomination as @BJP candidate he should be disqualified according to the Constitution’s 10th Schedule (Para 2 (3)) pic.twitter.com/b0RdQ0Rpxv
— Mahua Moitra (@MahuaMoitra) March 15, 2021
What the Constitution experts say
P.D.T. Achary, former Lok Sabha secretary general, told ThePrint that two things need to be ascertained before a nominated Rajya Sabha member can be disqualified for violating the Tenth Schedule.
“In this case, one has to first ascertain if Dasgupta was a member of BJP before he was nominated as Rajya Sabha member. If he was a member, then there is no problem. Secondly, one has to ascertain if Dasgupta joined the BJP within six months of taking oath as a member. If he has not, then he will have to face disqualification,” Achary said.
However, Achary added that Dasgupta could avoid getting disqualified if he resigned from Rajya Sabha before filing his nomination Friday.
(Edited by Sanghamitra Mazumdar)
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