Speaker Pramilla Mallik has disqualified two sitting MLAs, former minister Arabinda Dhali and Premananda Nayak, who recently joined BJP after resigning from BJD, as members of the assembly.
Disqualification Under Constitution Powers
They have been disqualified under the powers conferred on the speaker under paragraph 6(1) of the tenth schedule of the Constitution of India.
Details of Disqualification
The speaker, in separate orders issued for both the MLAs, stated that Dhali, an elected member of the Jayadev (SC) assembly constituency, and Nayak, an elected member of the Telkoi (ST) Assembly constituency, have incurred disqualification as per paragraph 2(1)(a) of the said schedule for being a member of the Odisha legislative assembly.
Immediate Effect
The orders mentioned that Dhali and Nayak cease to be members of the assembly with immediate effect, and their seats will fall vacant.
Background and Petition
The speaker decided to disqualify the two MLAs 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. The petition sought disqualification of the two members as they voluntarily gave up primary membership from the BJD, on whose tickets they were elected to the Assembly.
Lack of Response
The petitions were referred to both the MLAs for their comments on March 19, 2024, but they did not respond. Subsequently, the MLAs were asked to appear before the speaker for a personal hearing on April 10th. However, the MLAs did not appear.
Disqualification Decision
Considering the non-response of the MLAs, the Speaker relied on the petitions filed by the government chief whip for their disqualification.
MLA Responses
MLA Dhali expressed that the disqualification order was one-sided, and he was not given the opportunity to present his side before the Speaker. He mentioned that he tried to appear before the assembly for a personal hearing but was delayed due to urgent work in the hospital.
Outlook on Disqualification
“The Speaker should give me a chance for personal appearance,” Dhali stated, adding that the disqualification will not impact the upcoming election.
Nayak commented that since he has already resigned from the BJD, disqualification from the assembly is expected. “I am not worried about the decision of the speaker,” he added.
This article highlights the recent disqualification of two MLAs by Speaker Pramilla Mallik, the circumstances leading to it, and the responses from the affected MLAs.
