Bhubaneswar: The political crisis within the Biju Janata Dal (BJD) deepened as the six MLAs issued show cause notices for cross-voting in the recent Rajya Sabha election have strongly rebutted the action and warned of legal consequences if the notices are not withdrawn immediately.
The MLAs—Chakramani Kanhar (Baliguda), Naba Kishore Mallick (Jayadev), Souvic Biswal (Choudwar-Cuttack), Subasini Jena (Basta), Ramakanta Bhoi (Tirtol), and Devi Ranjan Tripathy (Banki)—were served notices by BJD Chief Whip Pramila Mallick on March 17, 2026, accusing them of grave breach of party discipline and betrayal of trust for voting in favour of BJP-backed Independent candidate Dilip Ray on March 16, instead of the BJD-Congress joint candidate Datteswar Hota.
In their separate but similar replies to Mallick, the MLAs described the show cause notices as “ex facie illegal, arbitrary, baseless, and unconstitutional.” They argued that the notices amount to offences under Section 171 and 174 of the Bharatiya Nyaya Sanhita (BNS), 2023, for unduly influencing an election.
Citing key Supreme Court judgments—including Kuldip Nayar vs Union of India (2006), Pashupati Nath Sukul vs Nem Chandra Jain (1984), and Kihoto Hollohan vs Zachillhu (1992)—the MLAs asserted that political parties cannot issue whips or directions for voting in Rajya Sabha elections. Such directives would constitute undue influence under Section 171 BNS (formerly IPC sections), and defying them does not attract disqualification under the 10th Schedule of the Constitution.
They further referenced the Election Commission of India’s Press Note (No. PN/57/2017 dated July 6, 2017), which clarifies that Rajya Sabha voting differs from ordinary legislative proceedings, and electors enjoy freedom without party whips. The MLAs strongly denied voluntarily giving up party membership or violating any communicated party decision or whip from the March 15 legislature party meeting. They termed the allegations of gross indiscipline and breach of trust as unfounded, insisting their vote was exercised freely in conformity with the Constitution and party rules.
Labelling the notice an “abuse of process of law,” the MLAs demanded its immediate withdrawal, warning they would initiate appropriate legal and criminal proceedings if it persists.
