Odisha: Assembly Speaker Disqualifies 2 BJD MLAs for Quitting Party to Join BJP

The two legislators were disqualified under Anti-Defection Law 1985.

While Dhali was the MLA from Jayadev constituency, Nayak was the legislator of Telkoi.

A notification on the disqualification of both the MLAS has been issued by the Odisha Legislative Assembly.

As per official sources, the disqualification of the two leaders will be effective immediately. They have been disqualified in exercise of the powers conferred upon the Speaker under paragraph 6(1) of the tenth Schedule of the Constitution of India.

The Speaker decided to disqualify Dhali and Nayak after MLA Prasanta Kumar Muduli filed a petition on March 18 under Rule 6 of the Members of Odisha Legislative Assembly (Disqualification on Ground of Defection) Rules, 1978 framed under paragraph 8 of the 10th Schedule to the Indian Constitution seeking disqualification of two members as they voluntarily gave up primary membership from the BJD in which they were elected to the Assembly.

In this regard, a notice was reportedly sent to Dhali and Nayak for hearing on the petition as required under Rule 7 of the rules. However, both of them failed to respond to the communication in this regard and did not appear before the Speaker for personal hearing following which they were disqualified to be members of Odisha Assembly with immediate effect.

On his disqualification, Nayak said he accepted the decision of the Speaker.

“It will have no impact and I am not worried over this decision of the Speaker. I will work for the party in which today I am," said Nayak.

Arabinda Dhali said that he should have been given an opportunity by the Speaker to present his side before the disqualification decision was taken.

“I was not given the opportunity to put forth my views. Disqualification of my assembly membership without hearing my please is not correct,” said Dhali.

Speaker Pramila Mallick, while justifying the disqualification of the two legislators, said the action was taken in accordance with the provisions of appropriate law.