In a dramatic escalation within the Biju Janata Dal (BJD), six MLAs accused of cross-voting in the recent Rajya Sabha elections have rejected the party’s show-cause notice as “illegal, arbitrary, and unconstitutional,” while issuing a stern counter-warning to Chief Whip Pramila Mallik of potential criminal prosecution.
The controversy stems from the March 16 Rajya Sabha polls, where several BJD MLAs reportedly voted against the party’s official candidates, including in favour of BJP-backed independent Dilip Ray. On March 17, Chief Whip Pramila Mallik issued show-cause notices to six legislators—**Devi Ranjan Tripathy** (Banki), **Souvic Biswal** (Choudwar-Cuttack), **Chakramani Kanhar** (Baliguda), **Subasini Jena** (Basta), **Naba Kishor Mallick** (Jayadev), and **Ramakanta Bhoi** (Tirtol)—demanding explanations by 5 PM on March 20 for what the party termed a “grave breach of discipline” and “betrayal of trust.”
In their replies, submitted before the deadline, the MLAs—led prominently by Devi Ranjan Tripathy—dismissed the notice outright. They described it as “baseless, whimsical, and aimed at intimidating” them to influence future elections unlawfully. Tripathy’s response explicitly warned that the notice violates Supreme Court precedents, particularly the landmark **Kuldip Nayar vs Union of India (2006)** ruling, which held that no party whip can bind MLAs in Rajya Sabha elections, as these do not attract disqualification under the Tenth Schedule (anti-defection law). The MLAs also referenced the **Kihoto Hollohan** case and Election Commission directives from 2017 affirming free voting conscience in such indirect elections.
Citing provisions of the Bharatiya Nyaya Sanhita (BNS) 2003—Sections 171 (undue influence at elections) and 174 (non-compliance with lawful orders)—Tripathy and others accused Mallik of overstepping her authority and committing a cognizable offense through intimidation. They demanded immediate withdrawal of the notice, failing which they vowed to file criminal complaints.
The MLAs further argued that no explicit whip was issued to them during a March 15 party meeting, and cross-voting reflected their independent judgment without breaching the party constitution or voluntarily giving up membership. They rejected allegations of anti-party activity or resignation.
In response, Pramila Mallik dismissed the replies as coordinated and typed from a single office, suggesting external orchestration. “They signed it, but why hide the truth about why they voted against the party?” she said. “The party is filtering out impurities; let the law take its course if they choose that path.”
The episode highlights growing internal rifts in the BJD following its reduced influence post-2024 elections, with rebels asserting constitutional freedoms over party directives in Rajya Sabha polls.
Legal experts note that while anti-defection provisions do not apply to Rajya Sabha voting, internal party actions could still lead to disciplinary measures short of disqualification.
