Bhubaneswar: The Biju Janata Dal (BJD) has formally requested the Odisha Assembly Speaker, Surama Padhy, to disqualify eight of its previously suspended Members of the Legislative Assembly (MLAs). The move stems from allegations of anti-party activities and violating a party whip during the recent Rajya Sabha elections held on March 16.
The core of the BJD's action lies in the principle of party loyalty and adherence to directives, as enshrined in Article 191(2) of the Constitution and the Tenth Schedule, commonly known as anti-defection provisions. These provisions outline grounds for disqualification, including voluntarily abandoning party membership or voting contrary to a party's direction without prior permission. The party is prepared for a potential 'legal battle' to see the disqualifications through.
Allegations of Cross-Voting and Suspensions
The eight MLAs in question are accused of having cross-voted in favour of the BJP-supported Independent candidate Dilip Ray, a move that ultimately contributed to his victory. The BJD had issued a whip two days prior to the polls, directing all its MLAs to remain at the party headquarters and attend an official meeting.
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The suspended MLAs are:
Aravind Mohapatra (Patkura)
Sanatan Mahakud (Champua)
Chakramani Kanhar (Baliguda)
Naba Kishor Mallick (Jayadev)
Souvic Biswal (Choudwar-Cuttack)
Subasini Jena (Basta)
Ramakanta Bhoi (Tirtol)
Devi Ranjan Tripathy (Banki)
Notably, Aravind Mohapatra and Sanatan Mahakud were suspended on charges of anti-party activities even before the Rajya Sabha elections. The remaining six were suspended following the election for their alleged cross-voting.
Broader Political Landscape
The situation is not unique to the BJD. The Congress party has also taken action, suspending three of its own MLAs – Ramesh Jena (Sanakhemundi), Dasarathi Gomango (Mohana), and Sofia Firdous (Barabati-Cuttack) – on similar charges of anti-party activities and cross-voting. These actions highlight a pattern of alleged 'poaching' and defiance playing out across state legislative assemblies during Rajya Sabha elections.
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The Rajya Sabha elections saw the BJP secure three seats, including that of Dilip Ray, while the BJD secured one. The cross-voting drama has, in some instances, also led to challenges before the Election Commission of India regarding alleged procedural lapses.
Constitutional Framework and Precedent
The Tenth Schedule of the Constitution grants the Speaker or Chairman of the House the authority to act as a tribunal in matters of disqualification, with their decision being final and generally not subject to court jurisdiction. This provides a clear, albeit often contentious, pathway for parties to address perceived breaches of party discipline.