BJD Moves HC Against Speaker's Decision in Odisha Cross-Voting Case
BJD chief whip and senior MLA Pramila Mallik said on Saturday that she had filed a writ petition before the High Court
Bhubaneswar: The political row over alleged cross-voting during the March 16 Rajya Sabha elections in Odisha has reached the High Court of Orissa, with the Opposition Biju Janata Dal (BJD) challenging Assembly Speaker Surama Padhy's decision to reject its petition seeking the disqualification of eight party MLAs.
BJD chief whip and senior MLA Pramila Mallik said on Saturday that she had filed a writ petition before the High Court on Thursday, challenging the Speaker's decision. She alleged that the Speaker had taken the decision unilaterally without giving the Opposition party an opportunity to present its case.
"We have full faith in the Court and are confident of getting justice," Mallik told reporters in Bhubaneswar.
The BJD had earlier sought the disqualification of eight MLAs, alleging that they had defied the party whip during the Rajya Sabha elections and voted against the party's collective decision.
The controversy erupted after BJP-backed Independent candidate and former Union minister Dilip Ray defeated the joint Opposition-backed candidate Datteswar Hota in the closely contested election for the fourth Rajya Sabha seat from Odisha. BJP nominees Manmohan Samal and Sujeet Kumar and BJD nominee Santrupt Misra were also elected. Cross-voting by Opposition MLAs played a decisive role in Ray's victory.
The BJD and Congress subsequently approached the Speaker, seeking the disqualification of a total of 11 MLAs — eight from the BJD and three from the Congress — alleging violation of their respective party whips. The Congress also initiated disciplinary action against its three legislators.
However, Speaker Padhy rejected the petitions in June, holding that they suffered from procedural deficiencies and lacked adequate supporting material and verification. The Assembly Secretariat described the BJD petitions as "cryptic, vague and unsubstantiated" and said they did not fulfil the statutory requirements under Rule 6, particularly sub-rules (6) and (7), of the Members of the Odisha Legislative Assembly (Disqualification on Ground of Defection) Rules.
The Speaker's decision effectively allowed all 11 MLAs to retain their membership of the Assembly.
The BJD has now challenged that decision before the High Court, arguing that the alleged defiance of the party whip amounted to anti-party conduct warranting action under the anti-defection law.
