Odisha Speaker Surama Padhy rejects Opposition demand to disqualify 11 MLAs

Odisha Assembly Speaker Surama Padhy has dismissed the Opposition BJD and Congress petitions to disqualify the membership of 11 of their MLAs on the charge of anti-party activities and cross-voting during the March 16 Rajya Sabha election.

While BJD chief whip Pramila Mallik sought the disqualification of eight of its MLAs, Congress Legislature Party leader Rama Chandra Kadam had sought the disqualification of three of its legislators. Referring to BJD petitions, the Odisha Assembly secretariat, in a June 19 notification, said, “The petition is cryptic, vague, unsubstantiated and does not fulfil the statutory requirements to be gone into on merits, even assuming for the sake of argument, but not admitting, that the contents are otherwise worthy of being enquired into.”

“Therefore, the petition suffers from gross infirmity or defects have been presented in sure ignorance of the statutory requirements and do not deserve any consideration,” it said.

After examination, the Speaker noted that the evidence against the MLAs did not establish voluntary resignation or defection under paragraph 2(1)(a) of the Tenth Schedule of the Constitution.  “These (petitions) failed to comply with mandatory requirements under the Members of Odisha Legislative Assembly (Disqualification on Ground of Defection) Rules, 1987,” the notification said.

The order further noted that the petitions were not verified in the manner prescribed under the Code of Civil Procedure, 1908.

Supporting annexures, documents and digital evidence were not properly authenticated, and no affidavit was filed to substantiate the allegations made in the petition, Speaker Padhy told reporters on Monday, adding that mandatory procedural requirements under the rules were also not fulfilled. “The decision in this regard was taken as per law,” she said.

The BJD had demanded the disqualification of the membership of eight MLAs — Chakramani Kanhar of Baliguda, Devi Ranjan Tripathy of Banki, Arvind Mohapatra of Patkura, Sanatan Mahakud of Champua, Subasini Jena of Basta, Naba Kishore Mallick of Jaydev, and Souvic Biswal of Cuttack-Chowdwar.

Each notification cited the Speaker’s finding that the members had not voluntarily relinquished their party affiliation as alleged by the BJD.

The Congress had also filed a petition seeking the disqualification of its members, such as Sofia Firdous of Barabati-Cuttack, Ramesh Jena of Sanakhemindu, and Dasarath Gamag of Moihana.

The BJD, in its petition, alleged that the legislators had violated the anti-defection provisions under the Constitution’s Tenth Schedule by acting against the party’s official stand.  The BJD also claimed that the legislators violated the party whip and defied official directives during the polls, terming their actions as anti-party activities warranting disqualification under the anti-defection law.

Invoking powers under Rule 7(2) of the Defection Rules, 1987, the Speaker has dismissed the petition at the threshold stage, for which the Assembly Secretariat did not examine the merits of the cross-voting allegations.

The alleged cross-voting incident occurred during elections for four Rajya Sabha seats from Odisha on March 16.

The BJD, in an understanding with the Congress and CPI(M), had fielded noted urologist Dr Datteswar Hota as a joint candidate for one seat.