Orissa High Court Issues Notices To Five BJD MLAs In RS Cross-Voting Case

The Orissa High Court on Thursday issued notices to five BJD MLAs in a case filed by the regional outfit seeking their disqualification for allegedly defying the party's collective decision and cross-voting in the March 16 Rajya Sabha elections.

Justice M S Sahoo directed the five MLAs to file their replies by December 4. The matter has been listed for hearing on its merits on January 11, 2027.

The five MLAs issued notices are Arvind Mohapatra, Sanatan Mahakud, Chakramani Kanhar, Souvic Biswal and Subasini Jena, who has already been suspended from the BJD.

During the Rajya Sabha elections, allegations were raised that eight BJD MLAs voted against the party's decision. Taking this into account, the BJD had filed an application with Odisha Legislative Assembly Speaker Surma Padhi for the cancellation of their membership. However, the Speaker in June this year dismissed all the petitions, citing procedural flaws in the petitions.

Later, BJD Chief Whip Pramila Mallik moved the High Court challenging the Speaker's order. She filed eight writ petitions before the Orissa High Court, five of which came up for hearing during the day.

The BJD, in its petition, argued that the Speaker dismissed its petition without hearing its point of view. Earlier, the High Court had issued a notice to the Speaker in this regard.

While the Speaker took more time to file her reply, now five MLAs have been asked to present their side.

"Odisha 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 Orissa High Court, five of which came up for hearing today," Advocate General Pitambar Acharya said.

Acharya said, "During the previous hearing, the petitioner had sought permission to withdraw the writ petition and approach the Speaker afresh. However, we strongly opposed the move on behalf of the Speaker."

Meanwhile, BJD vice-president and opposition chief whip Pramila Mallik, who filed the petition on behalf of the party, welcomed the High Court notices to the five rebel MLAs, but criticised the AG's statement on cross-voting during the Rajya Sabha elections.

"We have confidence in the judicial process and the party's demand for a fair and time-bound decision," Mallik said, adding that AG Acharya has given some political statement which is not expected from an advocate general.

Acharya, in a statement to the media, had said that the BJD's petition was rejected by the Speaker as it lacked "seriousness" and proper procedure.

Eight BJD MLAs and three Congress MLAs had allegedly cross-voted in the Rajya Sabha polls and voted in favour of Dilip Ray, a BJP-supported Independent candidate.