BJD MLAs who cross-voted in the Rajya Sabha election have challenged show-cause notices from party leadership as illegal, arbitrary and unconstitutional. They termed the notices offences under BNS-2023 and threatened legal action. The six MLAs used nearly identical language in responses.
Six BJD MLAs in Odisha who voted against the party line in the recent Rajya Sabha election by supporting independent candidate Dilip Ray have hit back at show-cause notices issued by party Chief Whip Pramilla Mallick. Banki MLA Debi Ranjan Tripathy described the notice as 'ex facie illegal, arbitrary, baseless and unconstitutional', adding it amounts to offences under Sections 171 and 174 of BNS-2023. In his response, Tripathy criticised the notice's language for unduly influencing elections, violating Election Commission directions. He cited Supreme Court judgments including Kuldip Nayar vs Union of India (2006), Pashupati Nath Sukul vs Nem Chandra Jain and others (1984), and Kihoto Hollohan Vs Zachillhu and others (1992). These rulings state parties cannot issue whips or directions to members on Rajya Sabha voting, as it constitutes undue influence under Section 171 BNS, and no penalties apply under the 10th Schedule for defying such directions. Choudwar-Cuttack MLA Souvic Biswal denied allegations of voluntarily giving up party membership, stating, 'I have never given up the membership... I have acted truthfully and in conformity with the Constitution of the Party and the Constitution of India.' He disputed claims of violating party decisions from a March 15, 2026, legislature party meeting, noting no such direction was communicated to him. Biswal called the notice an abuse of law and Constitution, demanding its withdrawal or facing legal proceedings. The responses from all six MLAs were nearly identical.
