Nominated MP Swapan Dasgupta resigns from Rajya Sabha

Nominated MP Swapan Dasgupta on March 16, 2021 resigned from Rajya Sabha, a year before completion of his term. The Bhartiya Janata Party (BJP) has fielded Dasgupta as its candidate for Tarakeswar constituency in the West Bengal Assembly elections.

• After his nomination to Rajya Sabha in 2016, he did not join a political party within the mandatory period of six months, and his membership was open to challenge under the anti-defection law.

• Trinamool Congress (TMC) MP Mahua Moitra had raised the issue of Dasgupta’s disqualification from Rajya Sabha under the anti-defection law.

I have resigned from the Rajya Sabha today to commit myself totally to the fight for a better Bengal. I hope to file my nomination as BJP candidate for the Tarakeshwar Assembly seat in the next few days.

— Swapan Dasgupta (@swapan55) March 16, 2021

• The anti-defection law (10th Schedule) specifies the circumstances under which changing of political parties by MPs invite action under the law.

• The anti-defection law covers three types of scenarios with respect to an MP switching parties.
  1. When a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House contrary to the wishes of the party, he loses the seat in the House on changing (or joining) a party.
  2. When an MP who has won his or her seat as an independent candidate after the election joins a political party, he loses the seat in the House on changing (or joining) a party.
  3. In the case of nominated MPs, within six months of being nominated to the House, they can choose to join a political party. But if they don’t join a political party during the first six months of their tenure, and join a party thereafter, then they lose their seat in Parliament.

(Source: Indian Express)