EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 821, CUTTACK, FRIDAY, APRIL 26, 2019 / BAISHAKA 6 , 1941
SECRETARIAT
OF
THE ODISHA LEGISLATIVE ASSEMBLY
NOTIFICATION
The 25th April , 2019
No.2458 /L.A.– The following decision, dated the 25th April, 2019 of the Speaker, Odisha
Legislative Assembly given under paragraph 6(1) 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(1) OF THE TENTH SCHEDULE TO THE CONSTITUTION OF INDIA
One disqualification petition has been filed by Shri Tara Prasad Bahinipati, Hon’ble
Chief Whip of Indian National Congress Legislature Party under the 10th Schedule to the
Constitution of India and the provisions contained in the Members of Odisha Legislative
Assembly (Disqualification on Grounds of Defection) Rules, 1987 hereinafter referred to in
short as the Rules 1987 on 29.03.2019 to declare Shri Prakash Chandra Behera
disqualified for being a Member of the Odisha Legislative Assembly. The copy of the
disqualification petition alongwith the Annexures were forwarded to the M.L.A. Shri Behera
to offer his comments by order dated 30.03.2019. After receipt of the said petition and the
Annexures, the respondent did not respond to the same.
On 06.04.2019 the respondent was asked to appear before me on 20.04.2019.
Pursuant to notice issued by the Office respondent M.L.A. appeared before me on
20.04.2019 through his Advocate and submitted letter in two copies in which inter alia he
raised as follows:
As per the requirement of Rule-6 of the Members of Odisha Legislative Assembly
(Disqualification on the Grounds of defection) Rules, 1987, no verification was made by
the petitioner in his petition as the rules provides that the disqualification petition must
contain the verification of the petitioner as per the manner laid down in the Code of Civil
procedure 1908 (5 of 1908) for the verification of the pleadings. But no verification was
made by the petitioner in his petition which is liable to be dismissed as per the above
provision.
2
Though the xerox copy of the Annexure was attached to the petition the same was
not signed and verified by the petitioner as per the norms and conditions provided in
section-7 of the above Rules, which is liable to be dismissed.
As per the provisions of rule 7(2) of the Rules, if the petition does not comply with
the requirement of Rule-6, the Speaker shall dismiss the petition and intimate the
petitioner accordingly.
In the same objection he submitted his contention that for noncompliance of the
above mandatory requirement of the provisions of the above statutory law, the petition
should have been dismissed under Rule-7(2) of the aforesaid Rules, If the above
requirements could have been complied with, then only the copies of the petition and
Annexure thereto were required to be forwarded to him for comments. In other words,
since the above requirements have not been complied with the petition should be required
to be dismissed by the Hon’ble Speaker without forwarding the same to him. By submitting
above objection he prayed for an adjournment. Time was allowed up to 25.04.2019.
One copy of the above letter was supplied to the petitioner for availing the opportunity
of filing rejoinder if any.
On 25.04.2019 neither the respondent MLA nor the petitioner appeared.
As next course, I examined the objection as raised by the respondent and hold that the
petition as well as the annexure attached to the petition do not comply with the
requirements laid down in Rule 6 (6) and Rule 6 (7) of the above Rules 1987 respectively.
Therefore, the disqualification petition has not been filed as per rules.
O R D E R
In the result I allow the objection as raised by the respondent MLA and in
consequence thereof I Shri Pradip Kumar Amat, Speaker dismiss the disqualification
petition under Sub-Rule 2 of Rule 7 of the Members of Odisha Legislative Assembly
(Disqualification on the Grounds of defection) Rules, 1987 for non-compliance with the
provisions of Sub-Rule 6 & 7 of Rule 6 of the above Rules 1987.
PRADIP KUMAR AMAT
SPEAKER
Dated 25.4.2019
SISIRKANTA SWAIN
SECRETARY-IN-CHARGE
ODISHA LEGISLATIVE ASSEMBLY
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 152 -173+300