Show cause notice illegal, arbitrary, say BJD MLAs who cross-voted in Rajya Sabha poll

The Biju Janata Dal MLAs who voted against the party line in the recent Rajya Sabha election have threatened to take action against the regional party leadership, calling the show-cause notices issued to them over their voting illegal and arbitrary.

“I have received your show cause notice. The show-cause notice is ex facie, illegal, arbitrary, baseless and unconstitutional and tantamount to committing offences punishable under Section 171 and 174 of BNS-2023,” said Debi Ranjan Tripathy, MLA of Banki assembly constituency, who was among six BJD MLAs who voted for independent candidate Dilip Ray in Rajya Sabha election.

In response to Pramilla Mallick, BJD’s Chief Whip in Odisha Legislative Assembly, Mr. Tripathy said, “the language used in your show cause notice not only attracts penal actions contemplated in Section 171 of Bharatiya Nyaya Sanhita, 2023 (BNS) for unduly influencing at an election but also has the effect of over reaching the directions of the Election Commission of India.”

Referring to Supreme Court judgement of 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), he replied, “the judgments have clearly laid down the law to the effect that during the voting by an elector in the election in the Rajya Sabha, the political parties can not issue any direction or whip to their members to vote in a particular manner or not to vote at the election, leaving no choice as that would tantamount to the offence of undue influence within the ambit of section of 171 BNS (previously Section 171 A and 171 C of Indian Penal Code).”

“Besides, the Supreme Court further laid down that an elector would not attract the penal provisions of the 10th schedule for having so voted at the Rajya Shabha election contrary to the direction of a political party,” said the MLA.

“Your show cause notice is absolutely unfounded, baseless, illegal and arbitrary. You have acted in excess of your jurisdiction and authority, by threatening me with punitive actions and thereby have committed a criminal offence punishable under the abovementioned penal provisions of BNS,” the response by Mr. Tripathy said.

Souvic Biswal, MLA of Choudwar-Cuttack, clarified, “the allegation that my conduct is inconsistent with the continued membership of the BJD and thereby I have voluntarily given up the membership of the party is strongly disputed and denied. Further, I have never given up the membership of the party at any point of time as alleged. On the contrary, I have acted truthfully and in conformity with the Constitution of the Party and the Constitution of India and there has been no violation of any law by exercising my free will of voting in the Rajya Sabha election.”

“The contention that such voting amounts to gross indiscipline, breach of party trust does not come within the ambit of the rigors of the 10th Schedule. The allegation that I have violated the party’s direction and also the decision taken in the BJD legislature party meeting held on March 15, 2026, is absolutely baseless and incorrect inasmuch as nothing of that sort is either mentioned in the show cause notice nor there has been any party decision or direction which was ever communicated to me. I strongly deny that I have ever violated the party’s decision or direction,” Mr. Biswal said.

“There is no doubt that the purported show cause notice is not only illegal, arbitrary, but also is an abuse of process of law and the Constitution of India,” he pointed out requesting BJD to drop the notice failing which he would be constrained to initiate appropriate actions or criminal proceedings. The language of response of six BJD MLAs was almost same.