Swati Maliwal Case: Can party cancel membership?

Three phases of voting are yet to take place for the lok sabha elections in 2024. Before that, the Aam Aadmi party (AAP) seems to be in trouble. The supreme court gave some relief to arvind kejriwal by granting him interim bail to campaign in the elections, but within a week of his release from Tihar Jail, a new problem arose for the party. AAP's rajya sabha mp swati Maliwal accused Arvind Kejriwal's PA Vibhav Kumar of assault, after which delhi Police registered an FIR against Vibhav Kumar and started investigating the matter.

Now in such a situation, the question in the minds of people is whether the party can take any action against swati Maliwal. Can he lose his rajya sabha membership? If aam aadmi party takes action against swati Maliwal then how can her parliament membership be terminated? Let us take a look at these points.

Will swati Maliwal's mp go away?

An MP's parliament membership can end in two circumstances - firstly, the mp resigns from his post of his own volition. That is, he voluntarily leaves the membership and secondly, if an mp goes against the wishes of the party and votes in the House. In these two circumstances, the membership of any mp can be lost.

Under what circumstances will swati Maliwal remain MP?

Let us assume that the aam aadmi party takes action against swati Maliwal and expels her from the party, then in such a situation, swati Maliwal will remain a member of Parliament. However, while voting in rajya sabha, he will have to follow the instructions of the party. Anti-defection law in india also disqualifies MPs who join another political party after being elected as a representative of a certain party. Being a member of parliament and being a member of a party are two different things.

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