Orissa High Court notices five BJD MLAs over Rajya Sabha cross-voting

The Orissa High Court sought replies from five BJD MLAs accused of Rajya Sabha cross-voting. The case tests the Speaker's dismissal of disqualification petitions on procedural grounds.

In Short

• Legislators must submit their responses to the court by December 4
• The matter is scheduled for a merits hearing on January 11, 2027
• Speaker Surma Padhi dismissed eight petitions in June over procedural flaws

The Orissa High Court on Thursday issued notices to five Biju Janata Dal MLAs over petitions seeking their disqualification for allegedly defying the party's decision and cross-voting in the March 16 Rajya Sabha elections, the Press Trust of India reported.

Justice M S Sahoo directed the five legislators to file their replies by December 4. The court will hear the matter on its merits on January 11, 2027.

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

Eight BJD MLAs were accused of voting against the party's decision in the Rajya Sabha elections. The party then asked Odisha Legislative Assembly Speaker Surma Padhi to cancel their membership. However, the Speaker dismissed all the petitions in June, citing procedural flaws.

BJD chief whip Pramila Mallik subsequently challenged the Speaker's order in the High Court by filing eight writ petitions. Five of them came up for hearing on Thursday. The BJD argued that the Speaker had dismissed its petitions without hearing the party's position. The High Court had earlier issued a notice to the Speaker.

The Speaker sought more time to file her reply, while the five MLAs have now been asked to present their case, according to PTI.

Advocate General Pitambar Acharya said, "The 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."

Acharya added, "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."

Mallik, who is also the BJD vice-president and opposition chief whip, welcomed the notices to the five MLAs but criticised Acharya's statement on the alleged cross-voting. "We have confidence in the judicial process and the party's demand for a fair and time-bound decision," she said. Mallik added that Acharya had made a political statement that was not expected from an advocate general.

Acharya had told the media that the Speaker rejected the BJD's petitions because they lacked "seriousness" and did not follow the proper procedure.

Eight BJD MLAs and three Congress MLAs were accused of cross-voting in the Rajya Sabha elections in favour of Dilip Ray, an Independent candidate supported by the BJP. The High Court has now sought replies from five of the BJD legislators as it considers the party's challenge to the Speaker's order.

- Ends