EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 705, CUTTACK, MONDAY, APRIL 8, 2019 / CHAITRA 18 , 1941
SECRETARIAT
OF
THE ODISHA LEGISLATIVE ASSEMBLY
NOTIFICATION
The 6th April , 2019
No.2157 /L.A.– The following decision, dated the 6th April, 2019 of the Speaker, Odisha
Legislative Assembly given under paragraph 6 of the Tenth Schedule to the Constitution of
India is hereby notified and published for general information:-
DECISION OF THE SPEAKER, ODISHA LEGISLATIVE ASSEMBLY UNDER
PARAGRAPH 6 OF THE TENTH SCHEDULE TO THE CONSTITUTION OF INDIA
Shri Amar Prasad Satpathy, Hon’ble Government Chief Whip made a petition on
23.03.2019 under Rule 6 of the Members of Odisha Legislative Assembly (Disqualification
on ground of defection) Rules, 1987 framed under paragraph 8 of the Tenth schedule to
the Constitution of India praying that Shri Trinath Gomangoa Member of the Odisha
Legislative Assembly has become subject to disqualification as per the provision contained
in paragraph 2(1)(a) of the Tenth schedule to the Constitution of India as he has voluntarily
given up primary membership from BJD Party in which ticket he was elected to the Odisha
Legislative Assembly.
On consideration of the petition I found that the petition complies with the
requirement of Rule-6 of the Members of Odisha Legislative Assembly (Disqualification on
ground of defection) Rules, 1987 and accordingly the copies of the petition and Annexure
thereto were forwarded to Shri Trinath Gomango, MLA under Rule 7(3)(a) of the above
Rules. Shri Trinath Gomango, MLA did not respond to the petition. Thereafter he was
asked to appear before me at 3.00 PM on 06.04.2019 for personal hearing. He did not
appear before me nor responded to the communication in this regard.
2
Taking into account the aspect of non response of Shri Trinath Gomango, MLA to
furnish his comments on the above petition and his nonappearance before me for personal
hearing, I rely on the petition made by Shri Amar Prasad Satpathy, Hon’ble Govt. Chief
Whip and hold that Shri Trinath Gomango, MLA has voluntarily given up his membership
of BJD party which attracts the rigour of disqualification on ground of defection contained
in Paragraph 2(1)(a) of the Tenth schedule to the Constitution of India. Therefore in
exercise of powers conferred upon me under paragraph 6(1) of the Tenth schedule to the
Constitution of India. I, hereby decide, declare and order as follows: -
ORDER
In exercise of powers conferred upon me under paragraph 6(1) of the Tenth
Schedule to the Constitution of India. I Pradip Kumar Amat, Speaker, Odisha Legislative
Assembly hereby declare that Shri Trinath Gomango, an elected member of the Odisha
Legislative Assembly from 138-Gunupur(ST) Assembly Constituency, has incurred
disqualification in terms of paragraph 2(1)(a) of the said schedule for being a member of
Odisha Legislative Assembly. Accordingly, Shri Trinath Gomango has ceased to be a
Member of the Odisha Legislative Assembly with immediate effect and his seat in the
Odisha Legislative Assembly shall thereupon fall vacant.
PRADIP KUMAR AMAT
SPEAKER
Dated 6.4.2019
SISIRKANTA SWAIN
SECRETARY-IN-CHARGE
ODISHA LEGISLATIVE ASSEMBLY
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 36 -173+300