New Delhi, 19.5: Relations between Rajya Sabha MP Swati Maliwal and her party Aam Adami are gradually deteriorating. Delhi Chief Minister Arvind Kejriwal’s PA, Baibhav Kumar, has been accused of assaulting Maliwal. However, Delhi Police arrested Beabhav on Saturday. While various questions are being raised in the media, Vajpayee has come out in favor of Swati. In such a situation, speculation continues as to what will be Swati Maliwal’s next move.
There are various speculations as to why the party’s relationship with Swati, who was elected to the state assembly by AAP in January this year, has become strained. It is said that he may change the party. While it is not clear which party he will join, he is said to have to lose his state assembly seat if he leaves AAP. So let us know in this regard… According to the 10th Schedule of the Constitution of the country, there is a distorted discussion about the elected public representatives.
Where necessary, a general representative can be disqualified in only two circumstances. First, if he voluntarily leaves his post or resigns. Second, he votes against party orders in the House or is absent on voting days. By doing so, she may lose her membership. This means that even if AAP suspends Swati Maliwal from the party, she will still be the party’s MP in the state assembly. And he has to obey all the instructions of the party in the house. But, if AAP expels him from the party, he will automatically become an independent MP in the House. AAP will not be forced to follow any order in the House.
The 10th Schedule to the defection law says that if he resigns on his own or if he violates any order issued by the party, he will be disqualified from the state assembly. So AAP Swati Maliwal should be suspended. It is not yet clear whether to expel or not. But according to the law, if the party expels him, Swati will remain a candidate for independence in Rajya Sabha but will not be able to join any party. And if he joins another party while in one party, he shall lose his membership.
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