Swapan Dasgupta has tendered his resignation from Rajya Sabha on March 16, 2021. The Trinamool Congress has decided to move a disqualification notice against Rajya Sabha nominated MP Swapan Dasgupta for violating the 10th schedule of the constitution after the BJP gave him a ticket to contest the upcoming West Bengal Assembly elections.
It’s important to note that Dasgupta was nominated to the Rajya Sabha in April 2016 and his term expires in 2022. On the 14th of March, he was named by the BJP as its candidate from Tarkeshwar, West Bengal.
The 10th scheduled of the constitution very clearly states that you cannot join a political party after six months of taking oath as a nominated member of the Rajya Sabha. Swapan Dasgupta is going to contest on a BJP symbol ticket from Tarkeshwar in the West Bengal election.
If he would have filed his nomination, he would have been in violation of this and does would have stood for disqualification. Now, the BJP is basically saying when it was highlighted by the witnesses no one said that there is no violation as of now.
There is certainly no violation if a person is named as a candidate. The violation would have begun if the nomination has been filed. So as of this moment, since the nominee has not been filed, the BJP sees this as no controversy, a non-starter for controversy.
Swapan Dasgupta has moved for this with role from the Rajya Sabha is tendered his resignation. Then the BJP feels that there is no constitutional crisis or constitutionality involved in this particular matter. He has definitely resigned and stepped down from his position.
He had already completed about five years of his term. So five years are already passed. And now he can very well contest the West Bengal elections. The only thing is that now if he loses, then he loses out on both i.e. a West Bengal MLA and also being a Rajya Sabha MP.
The way the Constitution is drafted that a prerequisite you cannot contest elections on a party symbol while you are a nominated member of the Rajya Sabha.
