Bhubaneswar: State Legislative Assembly Speaker Pramila Mallik has disqualified two sitting BJD MLAs Arabinda Dhali and Premanand Nayak after their resignation from the ruling BJD.
The Speaker issued two different notifications in this regard yesterday.
Jayadev MLA Arabinda Dhali and Telkoi MLA Premananda Nayak have been disqualified from the Assembly under the anti-defection Law as they had recently joined BJP after quitting BJD.
The two 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.
As per the notification, the Speaker decided to disqualify the two after Government Chief Whip 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.
“On consideration of the petition, I found that the petition complies with requirement of Rule 6 of the Members of Odisha Legislative Assembly Disqualification on Ground of Defection) Rules, 1978 and accordingly, the copy of the petition and annexure hereto were forwarded to Dhali and Nayak, but they did not responded to the petitions,” the Speaker said in the two notifications.
Thereafter, the two MLAs have been asked to dispose before the Speaker on April 10 at different times for personal hearing. However, they did not respond to the communications.
“Taking into account the aspect of non-response of Arabinda Dhali, MLA to furnish his comments on the above petition and his non-appearance before me for personal hearing. I rely on the petition made by Government Chief Whip Muduli and hold that Dhali has voluntarily given up his membership of BJD which attracts the rigors of disqualification on ground of defection contained under paragraph 2 (1) (a) of the tenth Schedule to the Constitution of India,” read the order.
The Speaker has issued a similar order for Shri Nayak too. With the move, the seats of two in Odisha Legislative Assembly will thereupon fall vacant.
