EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 704, CUTTACK, MONDAY, APRIL 8, 2019 / CHAITRA 18 , 1941

SECRETARIAT

OF

THE ODISHA LEGISLATIVE ASSEMBLY

NOTIFICATION

The 6th April , 2019

No.2148 /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 Basanti Mallick 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 she has voluntarily

given up primary membership from BJD Party in which ticket she 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 Basanti Mallick, MLA under Rule 7(3)(a) of the above Rules.

Basanti Mallick, MLA did not respond to the petition. Thereafter she was asked to appear

before me at 3.00 PM on 06.04.2019 for personal hearing. She did not appear before me

nor responded to the communication in this regard.

2

Taking into account the aspect of non response of Basanti Mallick, MLA to furnish

her comments on the above petition and her 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 Basanti Mallick, MLA has voluntarily given up her 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 Basanti Mallick, an elected member of the Odisha

Legislative Assembly from 136-Mohana (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, Basanti Mallick has ceased to be a Member of

the Odisha Legislative Assembly with immediate effect and her 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. 35 -173+300