The Election Commission has famous that the 22 Biju Janata Dal MLAs who have been appointed as chairpersons of assorted district planning committees and particular improvement councils don’t entice disqualification for workplace of revenue.
The Election Commission, in an opinion issued to the Odisha governor final month, had mentioned that 20 places of work have been exempted from disqualification underneath the statutory regulation. Two MLAs had resigned from their posts earlier than turning into members of the Odisha Legislative Assembly. A duplicate of the identical was printed by the Election Commission on Monday.
“In view of the above, this Commission is of the view that none of the 22 respondent MLAs of the Odisha Legislative Assembly has committed disqualification under the provisions of Article 191(1)(a) of the Constitution of India,” it mentioned. mentioned.
Based on the opinion of the ballot panel on 13 October, Odisha Governor Ganeshi Lal issued an order on 22 October, stating that in view of the constitutional and authorized provisions and the opinion of the Election Commission, “I hereby order that The functions filed earlier than me underneath Article 191 of the Constitution of India as above aren’t maintainable as grounds for disqualification of elected representatives underneath Article 191 of the Constitution of India.
“The petitioner vide petition dated 21.05.2021 prayed that 13 MLAs of Odisha Legislative Assembly be disqualified on the ground of holding “workplace of revenue” as they have been holding the put up of Chairman of assorted District Planning Committees. It is pertinent to notice that in this date, the election course of for the Odisha Legislative Assembly Election, 2019 was happening, the outcomes of which have been declared on 23.05.2021. Subsequently, the petitioner filed one other petition dated 28.05. 2019 with a prayer to resume its earlier petition on the bottom that 12 out of the 13 Respondent MLAs have been re-elected. Respondent No. I to 12 as talked about within the desk above, the mentioned Re-elected as MLA through the election, whereas one, Mr. Lalbihari Himarika, was not re-elected,” it famous.
It mentioned that the regulation regarding the removing of disqualification for the members of the Odisha Legislative Assembly is the “Odisha Office of Profit (Removal of Disqualification) Act, 1961”.
“The said Act was amended under the “Odisha Office Benefits (Removal of Disqualification) Amendment Act, 2016”. Through the mentioned modification Act, the Chairman, Vice-Chairman or Member within the District Planning Committee, Western Odisha Development Council and State Planning Board By no matter identify known as, the holder of places of work of revenue was exempted from disqualification on grounds of workplace of revenue underneath Govt. come underneath exempted class,” it famous.
“Resignation given by Respondent No. 3. The put up of Mr. Bhupinder Singh, Chairman, Odisha State Housing Board was accepted by the State Government vide notification No. 13-58-21-23/2017-6356/HUD dated 23.03.2019 Similarly, the resignation given by Respondent No. 4. Shri Anant Narayan Jena, Chairman, Bhubaneswar Development Authority by the State Government vide notification No. SRONo.,133/2019 was accepted with impact from 02.04.2019. , Mr. Bhupinder Singh filed his nomination papers for 81-Narla Assembly Constituency on 25.03.2019 whereas Mr. Anant Narayan Jena filed his nomination papers from 112-Bhubaneswar Central Assembly Constituency on 04.04.2019. Hence, the mentioned Both the Respondent MLAs had resigned from their posts earlier than the submitting of nomination papers to contest the Odisha Legislative Assembly Elections, 2019. It can also be pertinent to notice that the mentioned resignations have been accepted earlier than the formation of the sixteenth Legislative Assembly of Odisha i.e. On 25.05.2019. Further, Government of Odisha has specified within the letter dated 16.09.2021 That after the structure of the brand new Legislative Assembly, the mentioned two respondents weren’t holding the mentioned posts.
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With inputs from TheIndianEXPRESS
