BJP moves HC challenging Speaker ruling
Speaker Pradeep Amat had last month rejected an application by BJP`s state unit president Jual Oram, who had urged the former to disqualify Choudhury as a legislator as he had ceased to be a member of the House following his suspension from the party. In its writ filed by BJP Odisha unit legislative secretary Karendra Majhi, the party alleged that the Speaker had not applied his mind in rejecting party chief`s prayer.
Without exercising his Constitutional powers, the Speaker has merely endorsed a note sheet prepared by his law officer. "The Constitutional power of the Speaker has been abducted by the law officer," the petition said urging the High Court to quash the ruling of the Speaker and cancel the membership of Choudhury in the assembly.
The petition said Choudhury`s membership in the House has been seized under the anti-defection law as he had defied the party whip during the 2010 Rajya Sabha polls. Choudhury was suspended from the party for remaining absent on the day of voting defying the party whip.
The tribal MLA from Bonai in Sundergarh district defied the party whip and did not participate in the voting in order to help the ruling BJD`s third candidate to win the RS polls.