Issue of Cross-Voting by MLAs in the RajyaSabha Election
- By taking such a decision with a partisan mindset, the Speaker has diminished the dignity of his office.
- The disqualification petition has been rejected because the MLAs voted for the BJP.
- The Speaker’s decision is a complete violation of the Tenth Schedule of the Constitution.
Bhubaneswar, 22/06/2026:By rejecting the petition seeking disqualification of the MLAs who indulged in cross-voting during the RajyaSabha election, the Speaker has not only undermined the dignity of his office but has also murdered democracy. The BijuJanata Dal (BJD) stated that this decision is completely contrary to the 52nd Constitutional Amendment and the Tenth Schedule of the Constitution.
Addressing a press conference held today at SankhaBhawan, former Speaker and Chief Whip of the Opposition, Smt. PramilaMallik, and former Minister and MLA Dr. Arun Kumar Sahoo said that the Speaker had taken this decision with a partisan mindset. They alleged that the Speaker rejected the disqualification petition because the suspended MLAs had voted in favour of the BJP.
Smt. PramilaMallik stated that the Speaker, influenced by his party leadership, had rejected the BijuJanata Dal’s petition by citing various excuses. She said that being elected on the ticket of one party and voting for another party amounts to anti-party activity. In a similar case in the Himachal Pradesh Legislative Assembly, MLAs had been disqualified on the same grounds, and therefore similar action should have been taken here as well. Instead of disqualifying the MLAs who indulged in cross-voting, the Speaker has unfortunately chosen to decide in their favour by citing different reasons. We hope that the Hon’ble Speaker will engage in discussions with us and reconsider his decision.
Dr. Arun Kumar Sahoo stated that in a parliamentary democracy, political accountability and respect for the people’s mandate are paramount. During the BJP Government’s tenure, there is an urgent need to raise our voice for the protection of these principles. He said that eight MLAs of the BijuJanata Dal had gone against the party’s decision and voted for the BJP in the RajyaSabha election. According to the provisions of the 52nd Constitutional Amendment, the Speaker has failed to properly adjudicate the issues raised by the BijuJanata Dal.
He further stated that under the Tenth Schedule of the Constitution, when an MLA elected on the ticket of a particular political party acts or speaks against the decision of that party, it is equivalent to voluntarily giving up the membership of that party. This is evident from the conduct, public statements and anti-party activities of the members concerned. The central question raised in the BJD’s petition was whether these eight MLAs had voluntarily given up their party membership through their conduct.
The Hon’ble Supreme Court, in its judgments, has clearly held that not only formally resigning from a political party but also engaging in conduct contrary to the party’s interests can amount to voluntarily relinquishing party membership. However, the Hon’ble Speaker ignored this principle and failed to decide on the core issue. Instead, he focused on minor procedural defects such as commas, full stops and other technicalities.
We remain firmly hopeful that the Hon’ble High Court, and if necessary the Hon’ble Supreme Court, will uphold the sanctity of the Constitution, the purity of the people’s mandate and the objective of the anti-defection law. In the end, the Constitution and the rule of law shall prevail.
