Odisha MLAs Face Disqualification Risk Over Rajya Sabha Vote

Odisha MLAs Face Disqualification Risk Over Rajya Sabha Vote.webp

Bhubaneswar, March 15 – On the eve of the Rajya Sabha election polling, the Biju Janata Dal (BJD) directed two suspended legislators to comply with the party whip and vote in favor of its authorized candidate.

Chief Whip (Opposition) Pramila Mallik issued separate letters to Sanatan Mahakud (Champua MLA) and Arvind Mohapatra (Patkura MLA), reminding them that despite their suspension for alleged anti-party activities, they remain constitutionally bound to follow the party’s directions as they were elected on the BJD symbol.

Mallik noted in the letters that the regional party, through a whip, has instructed its members to vote in favor of the party’s authorized candidate in the forthcoming Rajya Sabha election.

The party further clarified that both suspended leaders are therefore required to strictly comply with the party whip and cast their votes accordingly. It also warned that any deviation from the whip or abstention without prior permission could invite disqualification under the Tenth Schedule of the Constitution, which treats such conduct as voluntarily giving up party membership.

Mallik stated, "Any act of voting contrary to the party whip, or abstaining from voting without prior permission of the party, may attract the provisions of the Tenth Schedule of the Constitution of India, including disqualification on the ground that the member has voluntarily given up the membership of the political party."

She also cited the precedent of Sharad Yadav’s disqualification by the then Chairman of the Rajya Sabha, which was later upheld by the Supreme Court, underscoring the seriousness of non-compliance.

The communication further noted that the leadership would take adherence to the party whip into account while reviewing the suspension of the two MLAs.

Mallik added, "The party expects that you will honor the mandate on which you were elected and comply with the party whip. Compliance with the party direction will also be taken into consideration by the party leadership while reviewing the matter relating to your suspension."

With the Rajya Sabha polls scheduled for March 16, the BJD’s move signals its intent to consolidate votes and ensure discipline within its ranks, even among suspended members.

Both Sanatan Mahakud and Arvind Mohapatra were suspended from the BJD in January this year over their alleged involvement in anti-party activities.
 
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bhubaneswar biju janata dal constitutional obligations electoral law india party whip political discipline rajya sabha election suspended legislators tenth schedule
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