The Orissa High Court has issued notices to five Biju Janata Dal (BJD) MLAs while hearing the party’s challenge to Assembly Speaker Surama Padhy’s rejection of disqualification petitions against eight legislators accused of cross-voting in the Rajya Sabha elections.
The court directed the respondents to submit their replies by December 4 and fixed January 11 for the next hearing.
The five legislators served with notices are Aravind Mohapatra, Subashini Jena, Sanatan Mahakud, Souvik Biswal and Chakramani Kanhar.
BJD Challenges Speaker’s Decision
The dispute arose after the Assembly Speaker dismissed petitions filed by BJD chief whip Pramila Mallik seeking the disqualification of eight party MLAs over alleged violations of the party whip and anti-party activities during the February 16 Rajya Sabha elections.
Apart from the five legislators who received notices, the disqualification petitions named Nabakishore Mallik, Debi Ranjan Tripathy and Ramakanta Bhoi.
The BJD subsequently approached the High Court, questioning the manner in which the Speaker had disposed of the petitions.
Senior advocate Milan Kanungo, representing the petitioners, submitted that the Speaker had rejected the complaints without examining the evidence or considering the arguments presented by the complainants.
He argued that the petitions were dismissed on technical grounds without giving the complainants an opportunity to rectify the defects. The petitioners sought reconsideration of the Speaker’s decision.
Odisha Advocate General Pitambar Acharya opposed the plea, maintaining that the Speaker had no legal authority to review an order already passed.
Court Examines Possibility of Reconsideration
At an earlier hearing on October 14, the High Court sought the respondents’ views on whether the dispute could be referred back to the Assembly Speaker for reconsideration. The matter was subsequently listed for October 29.
The latest proceedings have resulted in notices to five BJD legislators, with the court granting time until December 4 for their responses.
Cross-Voting Allegations in Rajya Sabha Elections
The disqualification dispute stems from the Rajya Sabha elections held in Odisha on February 16, during which eight BJD MLAs and three Congress legislators allegedly voted against their respective parties’ positions.
Following the elections, Pramila Mallik initiated disqualification proceedings against the eight BJD legislators. The Congress separately sought action against three of its MLAs over the alleged cross-voting.
After the Speaker rejected the petitions, the BJD moved the High Court seeking judicial intervention.
The matter remains pending before the Orissa High Court, with the next hearing scheduled for January 11.
