Odisha HC to Hear BJD Whip’s Fresh Plea on MLA Disqualification

The Orissa High Court will hear a plea on October 29 seeking permission for BJD chief whip Pramila Mallik to submit fresh disqualification petitions against eight party MLAs over alleged cross-voting in the March Rajya Sabha elections.

Justice Mruganka Sekhar Sahoo took note of Mallik’s decision to approach Odisha Assembly Speaker again by filing applications in the prescribed format under the Odisha Assembly’s anti-defection rules. Her counsel, senior advocate Milan Kanungo, told the court that the procedural shortcomings identified earlier would be addressed in the fresh applications.

The Speaker had rejected the original petitions through a notification issued on June 19, citing non-compliance with the prescribed procedures. The notification stressed that disqualification cases are quasi-judicial proceedings that could affect an elected representative’s tenure as well as the mandate given by voters.

Justice Sahoo observed that if Mallik intended to file fresh applications before the Speaker, the court need not examine the maintainability or merits of her existing writ petitions at this stage.

The cases came before Justice Sahoo after Justice RK Pattanaik withdrew from hearing them. The Chief Justice subsequently assigned the matters to Justice Sahoo. Five petitions involving suspended BJD MLAs Arvind Mohapatra, Souvic Biswal, Sanatan Mahakud, Chakramani Kanhar and Subasini Jena were among those taken up for consideration.