Kataka: The Orissa High Court on Thursday issued notices to five Biju Janata Dal (BJD) MLAs in connection with a petition seeking disqualification of rebel party legislators over alleged cross-voting in the last Rajya Sabha elections.
The HC has directed the legislators to file their replies before the next hearing scheduled for January 11, 2027.
The five MLAs who have been issued notices are Arvind Mahapatra, Subasini Jena, Sanatan Mahakud, Souvic Biswal and Chakramani Kanhar.
The case stems from a petition filed by BJD legislator and former minister Pramila Mallik seeking the disqualification of eight rebel party legislators. The petition relates to the controversy surrounding alleged cross-voting during the last Rajya Sabha elections.
The latest notices mark a further development in the legal proceedings concerning the legislators’ membership of the Odisha Assembly.
During the hearing, Odisha Advocate General (AG) Pitambar Acharya appeared before the High Court on behalf of the Assembly Speaker. After the court proceedings, the AG said the Speaker’s order formed part of the judicial process and that the petitioner could withdraw the case voluntarily if desired.
The Assembly Speaker had rejected a petition filed by the BJD in June through a detailed order. Challenging the order, the party filed eight writ petitions before the HC, five of which came up for hearing today, he said.
During the previous hearing, the petitioner sought permission to withdraw the writ petition and approach the Speaker afresh. However, the move was strongly opposed on behalf of the Speaker, he said.
Under the Tenth Schedule of the Constitution, the Speaker acts as a quasi-judicial authority while deciding ‘disqualification’ petitions. As per a previous Supreme Court ruling by a five-Judge Bench, the Speaker’s order is judicial in nature. Its validity can be examined by the High Court, but the Speaker cannot simply withdraw or cancel an order to reconsider a fresh petition on the same matter, he added.
Meanwhile, BJD Vice-President Pramila Mallik welcomed the High Court’s decision to issue notices to five MLAs in connection with the disqualification proceedings arising from alleged cross-voting in the Rajya Sabha elections. She expressed confidence in the judicial process and reiterated the party’s demand for a fair and time-bound decision.
