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.
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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).”
