Bhubaneswar: Biju Janata Dal (BJD) Monday urged Odisha Assembly Speaker Surama Padhy to disqualify eight suspended MLAs as they have indulged in anti-party activities and also violated the combined decision of the party during and after the recently held Rajya Sabha elections.
A delegation of the party MLAs led by Opposition Chief Whip Pramila Mallik met the Speaker at her chamber in the Assembly and submitted a petition.
“We have urged the Speaker to disqualify the membership of the eight MLAs who openly acted against the party’s whip,” Mallik told reporters.
The eight BJD MLAs had cross-voted in favour of the BJP-supported Independent candidate Dilip Ray in the Rajya Sabha elections, leading to his victory in the biennial polls March 16.
“Since the eight MLAs on their own disassociated from the party, they should be disqualified according to the provisions of the law. These legislators should either resign from their Assembly seats or face removal,” Mallik said, adding that if they truly believe they are enjoying public support, they should contest by-elections.
Stating that all eight lawmakers were elected to the Assembly by using the party symbol, Mallik said they should seek a fresh mandate and get elected without the BJD’s conch symbol.
The party invoked the anti-defection law under the Tenth Schedule of the Constitution and argued that cross-voting amounts to “voluntarily giving up membership” of the party through anti-party activities.
“We expect the Speaker will examine the petition and take a decision as per the law of the land,” Mallik said, adding that this was the first part of the legal battle against the suspended MLAs.
BJD MLA Arun Kumar Sahoo said the eight MLAs not only ignored the party whip but also distanced themselves from the party. He said the BJD has cited Article 191(2) of the Constitution read with the Tenth Schedule (anti-defection provisions), which disqualifies a member for voluntarily giving up party membership or voting/abstaining contrary to a party direction (whip) without prior permission, if not condoned within 15 days.
A total of 11 MLAs, eight from BJD and three from Congress, had cross-voted in the Rajya Sabha elections, following which the demand of their disqualification is being made by two parties. Both the parties have suspended them on charge of anti-party activities.
Before suspending the MLAs, the BJD, headed by former chief minister Naveen Patnaik, had issued a show-cause notice to the six MLAs – Naba Kishore Mallick (Jayadev), Souvic Biswal (Choudwar-Cuttack), Subasini Jena (Basta), Ramakanta Bhoi (Tirtol), Chakramani Kanhar (Baliguda) and Devi Ranjan Tripathy (Banki). Later, they were placed under suspension on the decision of the BJD’s Political Affairs Committee (PAC).
The other two Aravind Mohapatra (Patkura), Sanatan Mahakud (Champua) were suspended on charge of anti-party activities before the Rajya Sabha elections.
Two days before the Rajya Sabha polls on March 16, the BJD had issued a whip, directing its MLAs to remain at the party headquarters and attend the official meeting. However, the accused legislators failed to comply.
The matter has now been placed before the Speaker for a decision.
The Congress has also suspended three of its MLAs – Ramesh Jena (Sanakhemundi), Dasarathi Gomango (Mohana) and Sofia Firdous (Barabati-Cuttack), on charges of anti-party activities and cross-voting.
Meanwhile, senior BJP leader and Revenue and Disaster Management minister Suresh Pujari said, “The BJD people do not understand provisions of anti-defection law and when and where the party whip is applicable.”
