Orissa High Court Directs Governor To Address Plea Seeking Disqualification Of Several MLAs By November 8

The Orissa High Court on Tuesday directed the Governor of Odisha to expeditiously dispose of a plea seeking the disqualification of several Members of the Legislative Assembly (MLAs) of Odisha by November 8.

A Bench comprising Chief Justice S Muralidhar and Justice S.K Panigrahi was adjudicating upon a plea wherein it was contended that a post-election petition dated May 28, 2019 filed before the Governor seeking the disqualification of the concerned MLAs had not yet been disposed of in accordance with law.

In the post-election petition filed under Article 192 of the Constitution the petitioner had sought the disqualification of the concerned persons for being MLAs under Article 191(1)(a) of the Constitution at the time of their election.

The Odisha Offices of Profit (Removal of Disqualifications) Amendment Act, 2016 had been enacted with retrospective effect from January 18, 2016. Consequently, the Governor had appointed Chairpersons to the 30 District Planning Committees with Minister of State rank and status on August 9, 2019. As a result, a fresh petition was filed by the petitioner before the Governor on September 27, 2019 under Article 192 of the Constitution seeking the disqualification of the appointed members.

Thereafter, the petitioner had filed a writ petition before the Supreme Court for relief which was disposed of by granting the petitioner the liberty to approach the concerned High Court. Consequently, the present writ petition had been filed.

The Petitioner brought to the notice of the Court that the Supreme Court in Brundaban Nayak v. Election Commission of India had ruled that complaints under Article 192 of the Constitution seeking disqualification of MLAs must be disposed of as expeditiously as possible.

Taking into consideration the grievance raised, the Court directed the Governor of Odisha to address the complaint of the petitioner by November 8, 2021.

"..this Court directs that Petitioner's two petitions dated 28th May, 2019 and 27th September 2019 shall be disposed of by the Governor of Orissa, after obtaining opinion from the Election Commission of India, not later than 8th November, 2021", the order read.

Accordingly the petition was disposed of by directing the Governor to communicate his decision to the petitioner by November 15, 2021.

Case Title: Samarendra Beura v. Principal Secretary to His Excellency The Governor of Odisha

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