Bhubaneswar: In a major relief for 11 legislators, Odisha Legislative Assembly Speaker Surama Padhy has dismissed disqualification petitions filed by the Biju Janata Dal (BJD) and Congress. The petitions accused eight BJD and three Congress MLAs of cross-voting and defying party whips during the March 16 Rajya Sabha elections.
An announcing the decision on Monday, the Speaker said the petitions filed by the two parties were not maintainable as they failed to comply with the procedural requirements prescribed under the anti-defection rules. She cited procedural lapses, incomplete documentation, lack of required signatures in the enclosed documents, missing verification affidavits affirming the contents of the petitions, and insufficient evidence as grounds for rejection. “The petitions do not contain sufficient facts and proof to establish the allegations made against the members concerned,” Padhy said.
Citing Rule 6, particularly sub-rules (6) and (7), of the Members of the Odisha Legislative Assembly (Disqualification on Ground of Defection) Rules, the Speaker held that the petitions were liable to be dismissed for want of proper verification and supporting material.
The Petitions
Congress sought disqualification of three of its MLAs — Sofia Firdous (Barabati-Cuttack), Ramesh Chandra Jena (Sanakhemundi), and Dasarathi Gamango (Mohana) — for allegedly voting against the party line. The party had promptly suspended them following the polls.
Similarly, BJD accused its MLAs of violating the party whip and defying official directives du
ring the polls, terming their actions as anti-party activities warranting disqualification under the anti-defection law (Tenth Schedule of the Constitution). The party submitted separate petitions against the eight members shortly after the elections, following a legislative party meeting in Bhubaneswar. The MLAs are Chakramani Kanhar (Baliguda), Naba Kishore Mallick (Jayadev), Souvic Biswal (Choudwar-Cuttack), Subasini Jena (Basta), Ramakanta Bhoi (Tirtol), Devi Ranjan Tripathy (Banki), Arvind Mohapatra (Patkura) and Sanatan Mahakud (Champua). Several of them were also suspended for cross-voting.
The BJD submitted its petitions in late April after a legislative party meeting
Background of the Controversy
The cross-voting incident occurred during elections for four Rajya Sabha seats from Odisha. The BJD, in alliance with the Congress and CPI(M), had backed noted urologist Dr Datteswar Hota as a joint candidate for one seat. Despite the opposition bloc’s apparent numerical strength in the 147-member Assembly (BJD around 50 MLAs at the time, plus Congress support), Hota was defeated.
BJP-backed independent candidate and former Union Minister Dilip Ray emerged victorious for the fourth seat, securing crucial support through cross-voting. Reports indicated that around 11 opposition MLAs — eight from BJD and three from Congress — voted against their party lines in his favour. BJP candidates won two seats comfortably, while BJD secured one.
This outcome sparked a major political storm, with both BJD and Congress moving quickly to suspend the dissenting members and petition the Speaker for disqualification. The BJD argued that the MLAs had openly defied the party whip, undermining collective decisions.
Speaker’s Decision and Implications
With Speaker Padhy rejected the petitions, the eight BJD MLAs will retain their membership in the Odisha Legislative Assembly.
The ruling is seen as a setback for the BJD’s efforts to enforce party discipline following its reduced strength in the Assembly after the 2024 elections. It also highlights ongoing challenges with cross-voting in Rajya Sabha polls, a recurring issue despite open ballots and whips.
The development is likely to fuel further debates on the effectiveness of anti-defection laws and the balance between party loyalty and legislative independence.