Won’t be easy for Congress to regain RS seat as cross-voting fear looms

Bhartesh Singh Thakur

Chandigarh, June 12

With Deepender Hooda getting elected as Lok Sabha MP from Rohtak, his Rajya Sabha seat has fallen vacant. But this time, it will not be easy for Congress to win back the seat as Jannayak Janta Party (JJP) MLAs and the Independents can go either way.

In 2020, Deepender was elected unopposed to the Upper House of Parliament. His tenure was till 2026.

In the present scenario, the BJP has the support of more MLAs. However, if MLAs from JJP, Independents and single-member parties choose to cross-vote, the result can go either way.

As per Section 69 (2) of the Representation of the People Act, 1951, if “a person who is already a member of the Council of States (Rajya Sabha) and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, (on the date on which he is so chosen), become vacant”.

So, after Deepender Hooda was elected Lok Sabha MP from Rohtak on June 4, the seat has been vacant.

For a byelection to Rajya Sabha, the Election Commission has to issue a notification under Section 147 of the Representation of the People Act. The Act also adds that a byelection for filling any vacancy shall be held “within a period of six months from the date of the occurrence of the vacancy”.

So, there is all likelihood that the election to the Rajya Sabha will take place before the next state Assembly poll.

After the election of Mullana Congress MLA Varun Chaudhary to the Lok Sabha from Ambala, the Haryana Vidhan Sabha strength has been reduced to 87 MLAs. The majority mark is 44 members.

The JJP has 10 MLAs but it is a broken house. Two of its MLAs have pledged their support to the BJP. One of its MLAs, Devender Singh Babli, had supported the Congress in Lok Sabha poll while its Shahabad MLA Ram Karan Kala’s two sons had joined the Congress earlier. Another vocal MLA from JJP, Ram Kumar Gautam, is also critical of JJP leadership.

As of now, the Congress has 29 MLAs. Plus, it has the support of three Independent MLAs, taking the tally to 32.

On the other hand, the BJP has 41 MLAs and along with the support of the Haryana Lokhit Party’s (HLP) lone MLA, Gopal Kanda, and an Independent, Nayan Pal Rawat, the party has 43 MLAs on its side.

The Indian National Lok Dal (INLD) having one MLA, Abhay Chautala, and Independent Balraj Kundu have so far positioned themselves against the BJP.

Several MLAs of JJP can jump the ship and can cross-vote as they would be seeking ticket from the BJP or Congress in the coming state poll. “It is going to be a very interesting election as the picture is not clear,” said Congress chief whip BB Batra.

There is an open ballot system in Rajya Sabha poll. An MLA cannot be disqualified from Vidhan Sabha for cross-voting in the Rajya Sabha poll.

The Supreme Court in its judgment dated August 22, 2006, in the matter of Kuldip Nayar Vs Union of India and Ors observed that “The contention that the right of expression of the voter at an election for the Council of States (Rajya Sabha) is affected by open ballot is not tenable, as an elected MLA would not face any disqualification from the Membership of the House for voting in a particular manner. He may at the most attract action from the political party to which he belongs.”

MLA can’t be disqualified for cross-voting

There is an open ballot system in Rajya Sabha poll. An MLA cannot be disqualified from Vidhan Sabha for cross-voting in the RS poll. According to a Supreme Court judgment, “he may at the most attract action from the political party to which he belongs”