Archive · 12 Sep 2026
BJD Challenges Odisha Speaker’s Rejection in Cross-Voting Case
The BJD says eight of its lawmakers did not follow the party’s instructions during a Rajya Sabha election.
It asked Odisha’s Assembly Speaker to remove them from the Assembly.
The Speaker rejected that request in June.
The Speaker said the petitions were unclear and did not include enough required evidence.
The BJD says it was not given a proper chance to explain its case.
It has now taken the dispute to the High Court of Orissa.
The case is connected to Dilip Ray winning a closely contested Rajya Sabha seat.
The BJD says the lawmakers’ actions broke the anti-defection rules.
For now, all 11 lawmakers involved remain Assembly members.
Biju Janata Dal chief whip Pramila Mallik filed a writ petition in the High Court of Orissa challenging Speaker Surama Padhy’s decision.
The BJD had sought disqualification of eight MLAs accused of defying the party whip during the March 16 Rajya Sabha elections.
The dispute followed Dilip Ray’s victory as an BJP-backed Independent candidate in Odisha’s closely contested fourth Rajya Sabha seat.
The BJD and Congress had jointly sought action against 11 MLAs, including three Congress legislators.
The Speaker rejected the petitions in June, citing procedural deficiencies and insufficient supporting material, allowing all 11 MLAs to retain their seats.
- Who
- The Biju Janata Dal, its chief whip Pramila Mallik, Odisha Assembly Speaker Surama Padhy, and 11 legislators named in disqualification petitions.
- What
- The BJD has challenged the Speaker’s rejection of its petition seeking disqualification of eight MLAs over alleged cross-voting.
- When
- The alleged cross-voting occurred on March 16; the Speaker rejected the petitions in June, and Mallik said the writ petition was filed on Thursday.
- Where
- The dispute concerns the Odisha Legislative Assembly and is now before the High Court of Orissa.
- Why
- The BJD alleges that eight MLAs violated the party whip during the Rajya Sabha election; the Speaker rejected the petitions because of procedural deficiencies and inadequate supporting material.
BJD’s Position
Speaker’s Position
Alleged whip violation
BJD’s Position
The BJD says eight MLAs defied the party whip and engaged in anti-party conduct that warranted action under the anti-defection law.
Speaker’s Position
The Speaker rejected the petitions rather than ordering disqualification, citing deficiencies in the submissions.
Opportunity to present the case
BJD’s Position
Pramila Mallik alleges that the Speaker acted unilaterally without giving the BJD an opportunity to present its case.
Speaker’s Position
The Assembly Secretariat said the petitions were cryptic, vague and unsubstantiated and did not meet statutory requirements.
Validity of the petitions
BJD’s Position
The BJD is asking the High Court to overturn the rejection and grant relief.
Speaker’s Position
The Speaker held that the petitions lacked adequate supporting material, verification and compliance with Rule 6, sub-rules 6 and 7, of the disqualification rules.
- Petitioner
- Biju Janata Dal, through chief whip Pramila Mallik
- Court challenge
- Writ petition before the High Court of Orissa
- BJD MLAs targeted
- Eight
- Total MLAs named
- Eleven, including three Congress legislators
- Election at issue
- March 16 Rajya Sabha election in Odisha
- Speaker’s decision
- Petitions rejected in June
- Current status
- All 11 MLAs retained their Assembly membership