Speaker Pradip Kumar Amat on Thursday completed the hearing on the maintainability of the petition filed by Nationalist Congress Party (NCP) State president Utkal Keshari Parida to disqualify four of party’s ex-MlAs joining the ruling BJD. However, Amat reserved his order in the case.
Both the respondents- the four MlAs, including Amar Prasad Satapathy, Prashant Nanda, Naveen Nanda and Rama Chandra Hansda and the petitioner Parida argued the case through legal counsels.
During the hearing on the controversy of membership disqualification, advocate Upendra Kumar Samal, appearing on behalf of the former NCP legislators, reiterated the stand that the original petition was not maintainable as per law and prayed the Speaker to reject it.
The petitions should be deemed null and void as these are not in accordance with the Members of Odisha legislative Assembly (Disqualification on Ground of Defection) Rules 1987. The petition should be rejected basing on rule 6 and sub-rule 7 of the Civil Procedure Code (CPC), he argued.
He said their petition was not maintainable as it was not signed and verified properly as per the provision of the CPC. Since the petition was not in order, there is no case, he said.
On the other hand, petitioner’s advocate Gopal Agrawala argued that the respondents’ contention was not maintainable.
“Our petition is backed by the 10th Schedule of the Constitution and the demand for rejection of the petition on technical ground is not justified,” he said.
The 10th schedule of the Constitution is paramount and rules are only made for smooth functioning, Agrawala said, asserting that in no case the petition seeking disqualification of the members can be discarded.
He also contested the four affidavits made by the concerned MlAs and said that two of the affidavits filed by Prashanta Nanda and Rama Chandra Hansda were false and should be rejected.
The NCP president Parida said that it was yet another move by the Speaker to delay the disposal of case.
The Speaker is taking sides of the MlAs, who had defected to BJD from the NCP, he said, adding that he would go to the higher courts.