Bhubaneswar: BJD MLAs who were served show-cause notices for defying the party whip and cross-voting in the Rajya Sabha election, threatened legal action, calling the notice “illegal and arbitrary”.BJD chief whip Pramila Mallik had issued notice to six of the eight MLAs who had cross-voted as two MLAs (Arvind Mohapatra and Sanatan Mahakud) had already been suspended. Replies of at least four MLAs — Sovic Biswal, Ramakanta Bhoi, Chakramani Kanhar and Devi Ranjan Tripathy — were almost identical.“There is no doubt that the purported show-cause notice is not only illegal and arbitrary, but also an abuse of the process of law and the Constitution of India… I, therefore, request you to drop the notice, failing which I shall be constrained to initiate appropriate actions/criminal proceedings as may be advised,” the four MLAs wrote in their individual responses to BJD chief whip’s March 17 notice.Citing legal provisions, Subasini Jena and Naba Kishore Mallick also sought withdrawal of the notice.Calling the show-cause notice unconstitutional, the MLAs said it amounted to offences punishable under Sections 171 and 174 of BNS-2023 (undue influence in election).All the affected MLAs argued that, as per multiple Supreme Court rulings, political parties cannot direct or whip their members to vote in a particular manner in Rajya Sabha elections, and that an elector does not attract disqualification under the Tenth Schedule for voting contrary to a party’s direction.“You have acted in excess of your jurisdiction and authority by threatening me with punitive action, thereby committing a criminal offence punishable under the above-mentioned provisions of BNS,” the MLAs wrote.BJD disciplinary committee, chaired by former MP Chandra Sekhar Sahu, reviewed the MLAs’ replies. Asked about the party’s next step, BJD spokesperson Lenin Mohanty said, “the party leadership will soon take a decision on the matter.”
