Order at midnight: The cloud over Madhya Pradesh Rajya Sabha polls

Madhya Pradesh, often described as a politically quiet state, witnessed high-voltage drama late on Thursday, 2 April after Congress MLA Rajendra Bharti from Datia was disqualified within hours of his conviction in a two-decade-old bank fraud case.

Bharti, who defeated former home minister Narottam Mishra in the 2023 Assembly elections, was convicted by the Rouse Avenue Special Court in Delhi and sentenced to three years in prison. Though he was granted bail within hours and given 60 days to challenge the judgment in a higher court, the disqualification order was issued at midnight, raising questions within the Congress about the timing ahead of the upcoming Rajya Sabha elections for three seats likely next month.

In the last 30 days, two Congress MLAs have been disqualified, while two others face the prospect of losing their Assembly membership as old cases have resurfaced. Political observers see a pattern linking these developments to the Rajya Sabha elections. In the 230-member Assembly, a candidate requires 58 votes to win. Congress had secured 65 seats in the 2023 elections, but the effective strength has now reduced to 62.

Earlier, in the first week of March, the Gwalior bench of the Madhya Pradesh high court suspended the membership of Congress MLA Mukesh Malhotra from Vijaypur in Sheopur district. Malhotra had defeated former Congress leader Ram Niwas Rawat, who had defected and was serving as forest minister at the time.

The court suspended Malhotra’s membership on the ground that he had allegedly concealed criminal cases in the affidavit filed before the Election Commission during the by-poll. Though the Supreme Court later stayed the suspension, he has been barred from voting in the Rajya Sabha election.

Following incidents of cross-voting in recent Rajya Sabha elections in Odisha, Bihar and Haryana, the Congress is wary of similar developments in Madhya Pradesh. Reacting to Bharti’s disqualification, leader of opposition Umang Singhar accused the BJP of targeting Congress MLAs to influence the Rajya Sabha outcome.

He alleged that two MLAs had already been disqualified and that old cases involving two other legislators had been revived to pressure them ahead of the polls.

According to Congress leaders, the developments late Thursday night further fuelled suspicion. When Assembly officials were reportedly preparing Bharti’s disqualification order around midnight, state Congress president Jitu Patwari and former minister P.C. Sharma reached the Vidhan Sabha premises with media personnel.

Patwari questioned why the principal secretary’s office was functioning at such late hours. He claimed officials told him the work related to “regular business”, after which the office was shut.

The Congress, which emerged as the main Opposition after the 2023 Assembly polls, has alleged that the BJP is influencing legal processes to weaken the party’s strength and affect the Rajya Sabha election.

Backing his allegation, Patwari posted a video on X, stating: “When Congress MLAs refuse to cross-vote or join the BJP, they are being targeted in old cases. The incident is a textbook example that India is becoming an autocratic state.”

He later said senior Congress lawyers, including Kapil Sibal and Vivek Tankha, had taken up Bharti’s case and filed an appeal in the Delhi High Court.

Congress leaders also pointed to what they described as inconsistent treatment in similar cases. Nirmala Sapre, a Congress MLA from Bina who joined the BJP ahead of the 2024 Lok Sabha elections, continues to remain a member of the Assembly despite petitions seeking her disqualification. Congress and the Leader of Opposition had moved a petition seeking her disqualification, but the matter remains pending. The party has also challenged the delay before the high court.

Similarly, during the previous Assembly term from 2018 to 2023, a Congress MLA from Khandwa district joined the BJP in 2021 but was not disqualified despite petitions filed before the Assembly speaker and the high court.

Assembly principal secretary Arvind Sharma said the action against Bharti was taken in accordance with Article 191(1)(c) of the Constitution. However, constitutional experts have described the move as premature. “Prima facie, the Speaker’s decision does not appear correct. How can a decision be taken on a judgment which itself is in limbo since the court has granted 60 days to challenge it?” asked Rohit Arya, a retired judge of the Madhya Pradesh High Court.

P.C. Sharma expressed confidence that Bharti’s membership would eventually be restored. “This is similar to what happened to LoP Rahul Gandhi in the Lok Sabha. He was also disqualified, but the court reinstated his membership. We are challenging Rajendra Bharti’s disqualification and he will be reinstated,” he said.

The last Rajya Sabha election in Madhya Pradesh had also witnessed political turmoil, eventually contributing to the fall of the 15-month-old Kamal Nath-led Congress government after differences emerged between Jyotiraditya Scindia, Kamal Nath and Digvijaya Singh over candidature.