Orissa HC To Revisit BJD Plea Against 8 MLAs Over Rajya Sabha Cross-Voting
Bhubaneswar, Oct 18: The Orissa High Court is set to reconsider a petition filed by Biju Janata Dal (BJD) Chief Whip Pramila Mallik challenging the rejection of disqualification pleas against eight party MLAs accused of cross-voting during the Rajya Sabha elections.
During the latest hearing, counsel representing Mallik informed the court that fresh disqualification petitions would be submitted before the Odisha Legislative Assembly Speaker in compliance with the prescribed legal format under the Members of Odisha Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987.
The petitioner argued that the Speaker had rejected the earlier disqualification petitions on procedural grounds and that the defects identified could be rectified through fresh filings.
The fresh petitions are expected to adhere strictly to Rules 6(6) and 6(7) of the anti-defection framework.
Hearing the matter, Justice Mruganka Sekhar Sahoo observed that if the petitioner intends to approach the competent authority afresh, the High Court need not immediately examine the maintainability or merits of the existing writ petition.
The matter has been posted for fresh admission on October 29.
The controversy stems from allegations that eight BJD legislators violated the party line during the Rajya Sabha elections, prompting the party leadership to seek their disqualification under the anti-defection law.
Earlier, the Assembly Speaker had dismissed the petitions on June 19, emphasising that proceedings under the Tenth Schedule of the Constitution are quasi-judicial in nature and require strict adherence to procedural requirements due to the serious consequences attached to disqualification.
Among those facing disqualification proceedings are suspended BJD MLAs Arvind Mohapatra, Souvic Biswal, Sanatan Mahakud, Chakramani Kanhar and Subasini Jena.
Notably, the High Court has not yet examined the substance of the cross-voting allegations.
The current proceedings are confined to the legality of the Speaker’s decision to reject the original petitions on procedural grounds.
The outcome of the fresh petitions could have significant implications for the ongoing political and legal debate surrounding anti-defection provisions and party discipline in Odisha.
