Acting on a writ petition filed by BJP Legislature Party secretary Karendra Majhi challenging the rejection of his petition seeking disqualification of party MLA Bhimsen Chowdhury by Speaker Pradip Amat, the Orissa High Court on Monday issued notice to the latter.
The division bench of Chief Justice V Gopalagowda and Justice BK Mishra has directed the Speaker to file his response in two weeks. The petitioner had submitted that the rejection order passed by the Speaker violates the law and constitutional mandates.
Majhi had filed a writ petition challenging the order dated February 2, 2012 wherein the Speaker had rejected his petition seeking disqualification of Bhimsen Chowdhury for defying party whip during the Rajya Sabha elections in 2010.
He stated that during the election, the BJP had issued whip to all its MLAs to cast their vote in favour of Tara Ranjan Pattnaik, an independent candidate, but Chowdhury abstained from voting intentionally and without taking permission from the party.
Therefore, the party filed a petition before the Speaker to declare Choudhury’s continuance as MLA null and void for he had incurred disqualification for violating the provisions of 10th Schedule of the Constitution, but he rejected the same with reasons not supported by law.
Considering the case, the Court had set aside the order and directed the Speaker to pass an order after hearing both the parties. In response to the directions, the Speaker had again rejected the petition.
Majhi filed a fresh petition alleging that the Speaker has erred in law considering which the Court has sought response from the Speaker again.