Odisha: EC acquits 22 BJD MLAs over office-of-profit charges

The Election Commission said on its website that 20 of the 22 MLAs were exempted from disqualification while two others had resigned from office before becoming MLAs

Published on: Nov 10, 2021, 10:48:18 IST

By Debabrata Mohanty

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The Election Commission has ruled that 22 Biju Janata Dal (BJD) MLAs in Odisha, who were appointed as chairpersons of district planning committees and special development councils and who held minister-of-state status, have been acquitted of charges of holding of office of profit.

The BJD women’s wing stages a protest against a hike in prices of essential commodities in Bhubaneswar. In another development, the EC has acquitted 22 BJD MLAs over office-of-profit charges. (PTI/File)

The EC on Monday said on its website that under statutory law, 20 of the 22 MLAs were exempted from disqualification while two others had resigned from office before becoming lawmakers.

The EC gave its ruling following a reference from Odisha governor Ganeshi Lal last month.

In July, the Orissa high court had directed the governor to dispose of a plea seeking the disqualification of the 22 BJD MLAs for holding office of profit.

A two-judge bench comprising chief justice S Muralidhar and justice SK Panigrahi, while adjudicating a plea by petitioner Samarendra Beura, had asked the Odisha governor to dispose the petition by November 8 in which it was alleged that the lawmakers were liable to be disqualified under Article 191(1)(a) of the Constitution.

According to Article 191(1)(a), a person will be disqualified for being chosen as a member of the legislative assembly or legislative council if they hold any office of profit under the central government or the government of any state.

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To get around it, the state government in 2016 enacted the Odisha Offices of Profit (Removal of Disqualifications) Amendment Act to declare that MLAs who are appointed as chairpersons of district planning committees, special development councils and the Western Odisha Development Council won’t be disqualified as MLAs.

However, Beura, in his petition before the high court, argued that the 22 MLAs in question were given minister-of-state status, which allowed them to get monetary advantage.

He alleged that the MLAs, by virtue of being ministers of state, drew sumptuary allowance, daily allowance, and travelling allowance, while also availing of accommodation and vehicles provided by the government.

Beura cited the Brundaban Nayak vs Election Commission of India case in 1965, saying the Supreme Court had ruled that complaints under Article 192 of the Constitution seeking disqualification of MLAs must be disposed of as expeditiously as possible.

According to the process, the governor has to obtain the opinion of the EC and dispose of his applications within a prescribed period.

ABOUT THE AUTHOR
Debabrata Mohanty
Debabrata Mohanty is a senior assistant editor of Hindustan Times who works as state correspondent from Odisha covering the state's politics, governance, public policy, natural disasters, environment and its society for close to three decades. With his long years of reporting from the state capital of Bhubaneswar, Mohanty has been known as one of the most experienced and credible journalists covering Odisha for the national English dailies. His reporting combines on-ground detail with deep institutional knowledge detailing the state's changing politics, governance issues, administrative reforms and the functioning of its public institutions. He has regularly reported on issues ranging from legislative developments and public policy implementation. Politics is his core areas of expertise as he closely tracks Odisha's political landscape, including the rise and transformation of the Bharatiya Janata Party (BJP), the Biju Janata Dal (BJD), the two principal political parties in Odisha. His long association with the state's political establishment enables him to write on contemporary developments in a larger political context. Mohanty takes a deep interest in writing human interest stories, environmental issues and documenting the impact of cyclones, floods, heatwaves, and other climate-related events in one of the most disaster-prone states. His coverage extends to public health, governance reforms and stories on accountability of government institutions. Before joining Hindustan Times, Mohanty worked with The Indian Express, Mail Today, and The Telegraph, where he covered at least six general elections and as many assembly elections. In 2007, he was selected for the prestigious Chevening Young Indian Print Journalist Programme at the University of Lincoln, United Kingdom, where he received advanced training in print journalism. In 2009 he won the Press Institute of India-International Committee of Red Cross award on conflict reporting for his on-ground reportage of 2008 Kandhamal riots.Read More

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