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BJD Warns Suspended MLAs of Disqualification for Defying Party Whip

On the eve of the Rajya Sabha election, the Biju Janata Dal has directed its two suspended MLAs to comply with the party whip and vote for its authorized candidate. Chief Whip Pramila Mallik warned that defying the whip could lead to disqualification under the Constitution's anti-defection law. She cited the precedent of Sharad Yadav's disqualification, which was upheld by the Supreme Court, to underscore the seriousness of the matter. The party stated that adherence to the whip would be considered when reviewing the MLAs' suspensions.

Key Points: BJD Warns Suspended MLAs of Disqualification Over Whip

  • BJD directs suspended MLAs to vote for its candidate
  • Warns of disqualification under Tenth Schedule
  • Cites Supreme Court-backed Sharad Yadav precedent
  • Compliance may affect review of their suspension
2 min read

Odisha: BJD warns suspended MLAs of disqualification for defying whip​

BJD warns suspended MLAs Sanatan Mahakud & Arvind Mohapatra of disqualification for defying party whip in Rajya Sabha polls.

"Any act of voting contrary to the party whip... may attract... disqualification - Pramila Mallik"

Bhubaneswar, March 15

On the eve of the Rajya Sabha election polling, the Biju Janata Dal directed two suspended legislators to comply with the party whip and vote in favour of its authorised candidate.​

Chief Whip (Opposition) Pramila Mallik issued separate letters to Sanatan Mahakud (Champua MLA) and Arvind Mohapatra (Patkura MLA), reminding them that despite their suspension for alleged anti‑party activities, they remain constitutionally bound to follow the party's directions as they were elected on the BJD symbol.​

Mallik noted in the letters that the regional party, through a whip, has instructed its members to vote in favour of the party's authorised candidate in the forthcoming Rajya Sabha election.​

The party further clarified that both suspended leaders are therefore required to strictly comply with the party whip and cast their votes accordingly. It also warned that any deviation from the whip or abstention without prior permission could invite disqualification under the Tenth Schedule of the Constitution, which treats such conduct as voluntarily giving up party membership.​

Mallik stated, "Any act of voting contrary to the party whip, or abstaining from voting without prior permission of the party, may attract the provisions of the Tenth Schedule of the Constitution of India, including disqualification on the ground that the member has voluntarily given up the membership of the political party."​

She also cited the precedent of Sharad Yadav's disqualification by the then Chairman of the Rajya Sabha, which was later upheld by the Supreme Court, underscoring the seriousness of non‑compliance.​

The communication further noted that the leadership would take adherence to the party whip into account while reviewing the suspension of the two MLAs.​

Mallik added, "The party expects that you will honour the mandate on which you were elected and comply with the party whip. Compliance with the party direction will also be taken into consideration by the party leadership while reviewing the matter relating to your suspension."​

With the Rajya Sabha polls scheduled for March 16, the BJD's move signals its intent to consolidate votes and ensure discipline within its ranks, even among suspended members.​

Both Sanatan Mahakud and Arvind Mohapatra were suspended from the BJD in January this year over their alleged involvement in anti‑party activities.​

- IANS

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Reader Comments

R
Rahul R
Interesting move by BJD. On one hand they suspend the MLAs, on the other they force them to vote. Feels a bit like "use and throw". What is the point of suspension if they still control the vote? The anti-defection law needs a relook for such scenarios.
S
Sarah B
As an observer of Indian politics, this highlights the tension between party discipline and individual conscience of an MLA. The whip system is strong, but it does make one wonder about the true independence of our elected representatives.
A
Arjun K
Strict action is needed to maintain discipline. You can't enjoy the benefits of a party ticket and then go against it. The warning is justified. Hope other parties also follow such principles. 👍
M
Meera T
The reference to Sharad Yadav's case is a strong precedent. The Supreme Court has upheld this. So the MLAs really have no choice but to fall in line. It's a clever political strategy by the BJD leadership to ensure their candidate wins.
V
Vikram M
While I understand the legal position, this feels morally questionable. They were suspended for "anti-party activities". If the party has lost trust in them, why force them to vote? The system seems designed only for the benefit of the party high command, not for democracy or the constituents.

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