Anti-Defection Law: Congress Targets Two Odisha MLAs

Anti-Defection Law: Congress Targets Two Odisha MLAs.webp

Bhubaneswar, March 19 – The Congress party submitted a formal petition to the Assembly Speaker on Wednesday, seeking the disqualification of two of its MLAs under Article 10 of the Constitution (also known as the anti-defection law) for allegedly cross-voting in the recent Rajya Sabha biennial elections.

According to the party, MLAs Dasharathi Gamango and Sofia Firdous defied the party line by not voting for the Congress-supported candidate, Dr. Datteshwar Hota. Instead, they reportedly voted in favor of the BJP-backed candidate, Dilip Ray.

The petitions state that the two MLAs were served show-cause notices in response to their public remarks and conduct. It is alleged that even after replying to these notices, they continued to challenge and openly criticize decisions made by the party leadership at both the state and national levels.

The petitions contend that such behavior can be interpreted as "voluntarily giving up membership" under Paragraph 2(1)(a) of Article 10.

Referring to the case of veteran politician Sharad Yadav's disqualification, the party highlighted that under the anti-defection law, a formal resignation is not required for disqualification; it can be inferred from a member's actions, statements, or conduct that conflict with the party's official position.

The Congress party termed the act as a serious breach of party discipline and a violation of constitutional provisions, and has sought cancellation of their Assembly membership.

A Congress delegation led by Odisha Pradesh Congress Committee (OPCC) President Bhakta Charan Das met Speaker Surama Padhy and submitted a memorandum seeking appropriate action under constitutional provisions.

The delegation included Congress Legislature Party Deputy Leader Ashok Das, Chief Whip S. Rajan Ekka, and MLAs Sagar Das, Pabitra Saunta, and Mangu Khila.

The party has urged the Speaker to initiate necessary proceedings and disqualify the two legislators in accordance with the law.

However, the party has notably not sought the disqualification of Sanakhemundi MLA Ramesh Jena, who reportedly voted against the party's whip.
 
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anti-defection law article 10 assembly elections congress party constitutional law indian politics legislator disqualification legislature member of legislative assembly odisha pradesh congress committee political petition rajya sabha elections show cause notice
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