A formal complaint has been lodged with President Droupadi Murmu, urging the disqualification of Asaduddin Owaisi, Member of Parliament (MP) and leader of AIMIM. The complaint, filed by senior advocate Hari Shankar Jain, invokes Indian Constitution Articles 102 and 103, outlining grounds for MP disqualification.
Allegations Against Asaduddin Owaisi:-
Hari Shankar Jain's complaint centres on Owaisi's alleged display of allegiance to a foreign entity. During his recent Parliament oath, Owaisi controversially exclaimed "Jai Palestine," followed by "Allahu Akbar," actions criticized as provocative. The complainant argues that such slogans breach rules prohibiting MPs from showing allegiance to foreign entities.
Jain contends that Owaisi's actions fall under Article 102, which disqualifies MPs for acknowledging allegiance to a foreign state. Additionally, Article 103 mandates the President, in consultation with the Election Commission, to decide on MP disqualification matters.
Article 102- Disqualifications for membership
Article 102(d)- A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament- if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State.
Article 103- Decision on questions as to disqualification of members
(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred to the decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.
Official and Political Standpoints:-
Currently, neither Owaisi nor All India Majlis-e-Ittehadul Muslimeen (AIMIM) has officially responded to the allegations. The President's office has yet to issue a statement, indicating the matter may proceed to the Election Commission under Article 103.
Additional Complaints:-
Supreme Court lawyer Alakh Alok Srivastava also filed a complaint, citing Owaisi's oath-ending Palestine slogan as grounds for immediate disqualification under Article 102 (d) of the Indian Constitution.
The controversy surrounding Owaisi's oath-taking highlights significant legal and constitutional debates. The next steps hinge on the President's referral of the matter to the Election Commission, potentially shaping the outcome of this contentious issue in Indian politics.
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