On 16 march 2021 (Tuesday), MP Swapan Dasgupta resigned from Rajya Sabha. One year of his tenure was yet to be completed. Dasgupta was a BJP candidate from Tarakeshwar, in Bengal. He was a nominated member of Rajya Sabha.
Mr Dasgupta has submitted his resignation to the chairman of Rajya Sabha and it is yet to be accepted from Chairman’s end.
Mahua Moitra, MP Trinamool Congress had raised the issue of disqualification of Dasgupta on the basis of Anti-Defection Law. Mahua Moitra states that Dasgupta was a nominated member of Rajya Sabha (Upper House), he joined a political party after six months of taking oath.
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Anti-Defection Law:As per 10th Schedule of Indian Constitution the disqualification of candidate on ground of defection
A member of a House belonging to any political party shall be disqualified for being a member of the House— (a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.