Raghav Chadha, 6 Other AAP MPs Join BJP, Party Cites Anti-Defection Law

New Delhi: The Aam Aadmi Party (AAP) has suffered a significant setback with the departure of estranged MP Raghav Chadha and six other parliamentarians, who have announced their decision to merge with the Bharatiya Janata Party (BJP).

In a press conference, Chadha stated that the decision was made because the MPs felt the Arvind Kejriwal-led party had deviated from its core principles, values, and morals.

Meanwhile, BJP chief Nitin Nabin welcomed the parliamentarians at the party headquarters in Delhi, offering them traditional sweets. Nabin posted on X, "Welcomed Raghav Chadha Ji, Sandeep Pathak Ji, and Ashok Mittal Ji to the BJP family at the party HQ today. Also, best wishes to Harbhajan Singh Ji, Swati Maliwal Ji, Vikram Sahney Ji, and Rajinder Gupta Ji to work under the dynamic leadership of PM Narendra Modi towards the goal of Viksit Bharat 2047."

Why anti-defection law won't apply to AAP MPs

Despite the Tenth Schedule of the Constitution, the anti-defection law is unlikely to apply to these AAP MPs. The law permits two-thirds of a legislature party to merge with another party without facing disqualification. The Tenth Schedule states, "A member of a House shall not be disqualified under the Tenth Schedule if his original political party merges with another political party and he claims that he and any other members of his original political party have become members of such other political party or, as the case may be, of a new political party formed by such merger."

It further clarifies, "Or have not accepted the merger and opted to function as a separate group and, from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph."

AAP currently has 10 MPs in the Rajya Sabha. With seven MPs set to merge with the BJP, this constitutes two-thirds of the party's strength in the Upper House. Had the number been smaller, those wishing to merge would have been required to resign their Rajya Sabha membership. This condition does not apply as Chadha is joined by Swati Maliwal, Harbhajan Singh, Sandeep Pathak, Ashok Mittal, Rajinder Gupta, and Vikram Sahney.

What's next

Senior AAP leader Sanjay Singh announced that he would write to the Rajya Sabha Chairman to demand the disqualification of the three MPs, citing the Tenth Schedule. In a post on X, Singh stated that the party would approach the presiding officer of the Rajya Sabha to invoke the Tenth Schedule.

"I will submit a letter to the Hon'ble Rajya Sabha Chairman, in which a demand will be made to declare Raghav Chadha, Ashok Mittal, and Sandeep Pathak disqualified from Rajya Sabha membership for joining the Bharatiya Janata Party (BJP), as this is tantamount to voluntarily relinquishing membership of their original party under the Tenth Schedule of the Constitution," he said.

Meanwhile, AAP convenor Arvind Kejriwal met senior party leader Manish Sisodia late last night to discuss the party's strategy following the split. Sources told news agency ANI that Kejriwal and Sisodia met for half an hour to discuss the potential impact of the defections and future strategies.

"After returning to Delhi late at night, Sisodia went straight from the airport to the residence of party convenor Arvind Kejriwal. The two leaders met for more than half an hour. During the meeting, they also discussed the possible impact of the split and what the future strategy should be," sources told ANI.

Party sources also indicated that the chief whip in the Upper House, ND Gupta, will submit a letter to the Rajya Sabha Chairman against Raghav Chadha, Sandeep Pathak, and Ashok Mittal. "Gupta's letter will seek action as per the anti-defection law. These three leaders were seen in public joining the BJP. The remaining four were not seen in the public domain making that move. Hence, the chief whip will lodge the complaint against the three MPs seen in the BJP office."

Why the MPs left

This development follows AAP's decision to remove Chadha as Deputy Leader in the Rajya Sabha. Subsequently, several party leaders had criticized Chadha, accusing him of being lenient towards the BJP. Chadha had refuted these allegations, terming them a "coordinated attack" and denying claims that he refused to leave Parliament or sign an impeachment motion against the Chief Election Commissioner.

Furthermore, AAP sources informed news agency PTI that the exits were intended to destabilize the party ahead of the Assembly elections in Punjab next year. The party acknowledged being vigilant to prevent further defections in the state.

Party insiders suggested that the fear of action by central agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) might have influenced the decision of some MPs who were businessmen from Punjab. Others were reportedly unhappy with their diminishing political roles within the party.

On April 15, the ED conducted raids at business entities linked to AAP Rajya Sabha MP Ashok Mittal in Punjab as part of a FEMA probe. Sandeep Pathak, who served as national general secretary, reportedly felt sidelined due to his role being confined to the party's day-to-day affairs. He was not closely involved in poll preparations in Punjab, Goa, and Gujarat, with other senior leaders like Atishi (Goa), Gopal Rai and Durgesh Pathak (Gujarat), and Manish Sisodia (Punjab) leading the efforts alongside Kejriwal.

Following Kejriwal's arrest in the liquor policy case in 2024, Chadha's major responsibilities were reassigned. The significant turning point occurred when he was removed as the deputy leader of the party in the Rajya Sabha last month.