EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 707, CUTTACK, MONDAY, APRIL 8, 2019 / CHAITRA 18 , 1941

SECRETARIAT

OF

THE ODISHA LEGISLATIVE ASSEMBLY

NOTIFICATION

The 6th April , 2019

No.2166 /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 Debaraj Mohanty a 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 Debaraj Mohanty, MLA under Rule 7(3)(a) of the above

Rules. Shri Debaraj Mohanty, 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 Debaraj Mohanty, MLA to

furnish his comments on the above petition and his non appearance 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 Debaraj Mohanty, 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 Debaraj Mohanty, an elected member of the Odisha

Legislative Assembly from 128-Aska 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 Debaraj Mohanty 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. 38 -173+300