BHUBANESWAR: Speaker Pramilla Mallik has disqualified two sitting MLAs, former minister Arabinda Dhali and Premananda Nayak, who had recently joined BJP after resigning from BJD, as members of the assembly.
They have been disqualified in the exercise of powers conferred on the speaker under paragraph 6(1) of the tenth schedule of the Constitution of India.
The speaker in her orders separately issued for both the MLAs said Dhali, an elected member of the Jayadev (SC) assembly constituency and Nayak, an elected member of the Telkoi (ST) Assembly constituency, have incurred disqualification in terms of paragraph 2(1)(a) of the said schedule for being a member of the Odisha legislative assembly.
The orders said Dhali and Nayak ceased to be the members of the assembly with immediate effect and their seats will fall vacant.
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, seeking disqualification of two members as they voluntarily gave up primary membership from the BJD on whose tickets they were elected to the Assembly.
The petitions were referred to both the MLAs for their comments on March 19, 2024, but they did not respond. Thereafter, the MLAs were asked to appear before the speaker for personal hearing on April 10th. However, the MLAs did not appear before the Speaker.
Taking into account the non-response of the MLAs, the Speaker relied on the petitions filed by the government chief whip for their disqualification.
Meanwhile, MLA Dhali stated that the disqualification order was one-sided and he was not given the opportunity to place his side before the Speaker.
Dhali who has been fielded by the BJP from the Jayadev (SC) assembly constituency for the ensuing election, said he has been to the assembly for personal appearance, but there was some delay due to urgent work in the hospital.
"The Speaker should give me chance for personal appearance", he said and added that the disqualification will have no impact on the ensuing election.
Nayak said as he has already resigned from the BJD, disqualification from the assembly is an ordinary thing. “I am not worried about the decision of the speaker,” he added.