Bhubaneswar: The Opposition Biju Janata Dal (BJD) on Monday criticised Odisha Legislative Assembly Speaker Surama Padhy following the rejection of a petition seeking disqualification of MLAs who allegedly indulged in cross-voting during the recent Rajya Sabha election.

Addressing a press conference at Sankha Bhawan, the party’s state headquarters in Bhubaneswar, former Speaker and Chief Whip of the Opposition Pramila Mallik, along with former Minister and MLA Arun Kumar Sahoo, termed the Speaker’s decision as contrary to the provisions of the 52nd Constitutional Amendment and the Tenth Schedule of the Constitution.

The leaders alleged the disqualification plea was rejected because the suspended MLAs had voted in favour of the BJP.
Pramila Mallik stated being elected on the ticket of one party and voting for another amounts to anti-party activity. She cited the example of the Himachal Pradesh Legislative Assembly, where MLAs were disqualified on similar grounds, and demanded similar action in Odisha.

Arun Kumar Sahoo claimed eight MLAs had defied the party’s directive and voted for the BJP candidate in the Rajya Sabha election. He alleged the Speaker failed to properly adjudicate the matter in line with the provisions of the 52nd Constitutional Amendment.

Sahoo further explained under the Tenth Schedule of the Constitution, an MLA elected on a party ticket who acts against the party’s decision can be deemed to have voluntarily given up membership of that party.

He also referred to Supreme Court judgments, which have held that not only formal resignation but also conduct contrary to party interests can amount to voluntarily relinquishing party membership.

However, Sahoo alleged the Speaker ignored this principle and failed to address the core issue raised by the BJD. He indicated the party may move the Orissa High Court, and if necessary, the Supreme Court, challenging the Speaker’s decision.

The BJD leaders expressed hope the Speaker would reconsider her decision.