The Orissa high court on Monday quashed a decision of the Orissa Assembly Speaker who upheld the membership of a BJP MLA despite the latter “mysteriously” abstaining from voting in the 2010 Rajya Sabha polls and disobeying the party whip.
A two-member bench comprising chief justice V. Goapalgowda and Justice Sanjaya Mishra, while hearing a petition filed by BJP legislator Karendra Majhi, asked Speaker Pradip Kumar Amat to reconsider his decision within four weeks and take an appropriate decision as per law.
The petitioner Mr Majhi, while alleging that his party colleague and Bonai MLA Bhimsen Choudhury had deliberately abstained from voting to favour victory of BJD candidate, had urged the Speaker to quash his membership as provided under the 10th Schedule of the Constitution.
However, the Speaker Mr Amat dismissed Mr Majhi’s appeal saying the Bonai MLA had made no mistake as he acted “under his conscience”.
Challenging the Speaker’s decision, Mr Karendra had moved the HC in February this year.
“I have just got the information about the high court judgment. I’m yet to get a copy of the judgment. Once I get it, I will take appropriate action,” said the Speaker.