Bhubaneswar: The internal crisis within the Biju Janata Dal (BJD) has taken an unprecedented and aggressive turn. The six party MLAs, who were served show-cause notices for cross-voting in the recent Rajya Sabha elections, have not only refused to back down but have launched a high-stakes legal counter-offensive against the party leadership.
Led by Banki MLA Devi Ranjan Tripathy, the rebel group has sent a scathing response to the Chief Whip, Pramila Mallik, threatening to file criminal charges against her if the show-cause notices are not withdrawn immediately.
The Legal Counter-Strike
In a move that has sent shockwaves through the BJD top brass, the MLAs termed the show-cause notice “illegal, arbitrary, and unconstitutional.” They argued that the notice was a deliberate attempt to intimidate them and unlawfully influence the election process.
The rebels pointed out that under Sections 171 and 174 of the Bharatiya Nyaya Sanhita (BNS) 2003, such acts constitute serious punishable offenses. They have openly dared the leadership, stating they are “fully prepared for a long legal battle” to protect their constitutional rights.
“No Whip in Rajya Sabha”: MLAs Educate the Party on Law
The dissenting MLAs have challenged the very authority of the party to issue a mandate for Rajya Sabha voting. Citing landmark Supreme Court judgments—including Kuldip Nayar vs. Union of India, Pashupati Nath Sukul, and the Kihoto Hollohan case—they asserted that political parties cannot issue a ‘Whip’ to their members for Rajya Sabha elections.
“According to the apex court and the Election Commission’s 2017 guidelines, voting according to one’s conscience in the Rajya Sabha does not attract the Anti-Defection Law under the Tenth Schedule of the Constitution,” Devi Ranjan Tripathy stated in his response. He accused the Chief Whip of overstepping her jurisdiction by issuing threats of disqualification.
Denial of Anti-Party Activity
The MLAs have categorically rejected the allegations of “anti-party activity” or “voluntarily giving up membership.” Devi Ranjan maintained that he remains a loyal member of the BJD and has not violated the party’s constitution. He further dismissed the claim that he disobeyed the March 15 Legislative Party meeting decision, asserting that no specific voting instructions were ever communicated to him.
Pramila Mallik Hits Back: “Where was your conscience during ticket distribution?”
The BJD Chief Whip, Pramila Mallik, remained undeterred by the legal threats. Speaking to the media, she questioned the sudden “awakening of conscience” among the rebels.
“Do they think they are the only ones who know the law? We know the law too,” Mallik retorted. “They voted against the party with a pre-planned agenda. Where was this conscience when they were pleading before Naveen Patnaik for an election ticket on the ‘Conch’ symbol? They have betrayed the party and the leader.”
Mallik further added that the party is currently undergoing a “filtering process,” where the “garbage” is being cleared out to ensure that only those who are clean, loyal, and truly care for the leader remain. She confirmed that BJD President Naveen Patnaik will soon take a final decision on the MLAs’ responses.
A Battle for Ownership?
Political analysts suggest that the tone of the response indicates that the 6 MLAs—Devi Ranjan Tripathy, Souvic Biswal, Chakramani Kanhar, Subasini Jena, Nabakishore Mallick, and Ramakant Bhoi—are not looking for an exit. Instead, supported by the “Biju Legacy” faction, they seem to be preparing to stake a claim on the party itself, signaling a prolonged and bitter power struggle.
With 8 MLAs in total (including 2 already suspended) having cross-voted, the BJD leadership finds itself in a tight spot. What was expected to be a simple disciplinary action has now evolved into a constitutional and criminal legal quagmire that could redefine the future of the regional powerhouse.
