Midnight Disqualification of Congress MLA Rajendra Bharti Sparks Political Storm in Madhya Pradesh
In a dramatic late-night development, the Madhya Pradesh assembly secretariat hurriedly opened its office around midnight on Thursday to issue a notification disqualifying Congress MLA Rajendra Bharti from the state assembly. This swift action came just hours after a Delhi court sentenced Bharti to three years in jail in a bank fraud case, declaring his Datia seat vacant immediately.
Legal Controversy Over Timing and Procedure
The disqualification has ignited a fierce political controversy, with the opposition Congress party condemning the "midnight" move as a "blatant violation of the democratic process." Constitutional experts have raised serious questions about the legality and timing of the Speaker's decision, particularly since the Delhi court had put Bharti's sentence in abeyance for 60 days to allow him to appeal the verdict.
Arvind Sharma, principal secretary of the state assembly, defended the action by citing Section 191(1)(c) of the Representation of the People Act, 1951. However, legal authorities have challenged this interpretation.
Expert Legal Opinions Challenge Assembly's Action
"Prima facie, the Speaker's decision isn't right," stated Rohi Arya, a retired judge of the Madhya Pradesh High Court. "How can you take a decision on a judgment, which itself is in limbo since the court put it in abeyance for 60 days?"
Another retired MP High Court judge, Abhay Gohil, elaborated: "The trial courts usually stay their order on request of the accused to enable him to appeal in a higher court. Once the conviction and sentence are stayed by the court, there should be no action against the accused till the appellate court steps in and gives directions on the future course of action."
Former MP assembly Speaker NP Prajapati questioned whether proper procedures were followed, asking if any MLA or the parliamentary affairs minister had formally informed the assembly about the court decision and requested disqualification, or if the assembly acted on its own initiative.
Political Confrontation Escalates Between BJP and Congress
The incident has triggered a sharp political confrontation between the ruling BJP and opposition Congress. State Congress president Jitu Patwari and former minister PC Sharma rushed to the state assembly late Thursday night, demanding to know why the office was operational at such unusual hours. Congress representatives claimed they were told the activity was for "some regular business," a explanation they found unsatisfactory.
Patwari later announced that senior Congress lawyers, including Kapil Sibal and Vivek Tankha, have taken up Bharti's case and have already filed an appeal in the Delhi High Court.
BJP's Response and Counter-Allegations
In response, the BJP called a press conference on Friday where state minister Vishwas Sarang made counter-allegations. "State Congress president Jitu Patwari unconstitutionally entered the state assembly on Thursday night and attempted to protect Datia MLA Rajendra Bharti, who has been convicted in a corruption case," Sarang stated. "BJP has no connection to the case. Action has been taken according to law."
Background of the Convicted MLA
Rajendra Bharti, who represents the Datia constituency, achieved a significant political victory in the 2023 assembly polls by defeating then MP home minister and state political heavyweight Narottam Mishra of the governing BJP. His conviction and subsequent disqualification now create a vacancy in this strategically important seat, potentially triggering a by-election that could have significant political implications for both parties in Madhya Pradesh.
The case continues to develop as legal appeals proceed and political tensions remain high over what many are calling an unprecedented midnight disqualification in Indian state politics.
