The fate of the four former NCP law makers facing a disqualification charge for joining ruling BJD is likely to be decided on April 22 with Speaker Pradip Kuamr Amat on Friday granting 10 days time to the respondent MlAs.
The Speaker put up the hearing of the case on April 22 considering the prayer made by the counsel of the former NCP MlAs Amar Prasad Satapathy, Prashant Nanda, Ramachandra Hansada and Nabin Nanda to file additional counter affidavits. The four MlAs who were elected to the Assembly in NCP ticket had quit the party in the wake of the aborted coup by the former BJD advisor and Rajya Sabha Member Pyarimohan Mohapatra and joined the BJD en masse in June 5 last year. In haste, the Speaker had also granted the application of the NCP MlAs seeking merger in BJD citing Constitutional provisions.
Protesting the action of the four party legislators, State NCP president Utkal Keshari Pardia had moved the Speaker to disqualify the four MlAs under the anti-defection law. However, the Speaker rejected his appeal stating that Parida being not the member of the House had no right to seek disqualification of the MlAs.
On the other hand, Parida had moved the Odisha High Court against the decision of the Speaker which had rejected the ruling of the Speaker and directed him to hear the case and dispose within eight weeks. The Speaker, however, had challenged the order of the High Court in the Supreme Court which also had upheld the judgment of the High Court with the observation that any citizen of India can file petition for disqualification of membership of legislators.
Though the Speaker had again filed a revision petition in the Supreme Court, the latter had finally quashed the petition with the direction to the Speaker to hear the petition of the NCP president and dispose within eight weeks as pronounced by the Odisha High Court. Honouring the Apex court's order, the Speaker had fixed the hearing of the case for disposal and had summoned both the former NCP MlAs and petitioner Parida.
The Speaker conducted his court in his office on the premises of the Assembly and heard the respondents and the petitioner through their counselors. While the MlAs facing disqualification were represented by their advocate Upendra Samal, Parida was represented by his counsel Gopal Agrawal. During the hearing, the Speaker's counsel Pitambar Aharya was also present.
However, the process of hearing ended only after 45 minutes as respondent advocate for the four MlAs sought ten days time to file additional counter affidavit which was granted by the Speaker despite the opposition of the counsel of Parida who prayed for submitting a rejoinder on receipt of the counter affidavit.
The NCP president, however, accused the Speaker of delaying the process intentionally and acting at the behest of ruling BJD. There is a conspiracy to delay the process, he alleged, and indicated that he would wait for the decision and take recourse of law. Parida said that the Speaker by delaying the process was disregarding and degrading the Constitutional post.
However, the Speaker, denying the allegation, said that there was no question of delaying the process. "I have been maintaining the principles of natural justice by allowing the time petition of the four MlAs to file the counter affidavit and also the prayer by the petitioner to file rejoinders. I have acted as per the provision of law and Constitution," said Amat.