New Delhi: The 22 BJD MLAs who were appointed as chairpersons of various district planning committees and special development councils some years ago do not attract disqualification for holding office of profit, the Election Commission (EC) has opined.
In an opinion rendered to the Odisha Governor last month, the poll panel said out of the 22 MLAs, offices held by 20 were exempted from disqualification under statutory law.
Two MLAs had resigned from their office before becoming members of Odisha Legislative Assembly.
“In the view of above, this Commission hereby opines that none of the 22 respondent MLAs from Odisha Legislative Assembly have incurred disqualification under the provisions of Article 191(1)(a) of the Constitution of India,” the EC opinion put in public domain Monday said.
Based on the October 13 opinion of the poll panel, Governor Ganeshi Lal issued an order October 22, saying in view of the constitutional and legal provisions and the opinion of the Election Commission, “I hereby order that the applications filed before me as above under Article 191 of the Constitution of India is not maintainable in as much as is not a ground for disqualification of the elected representatives under Article 191 of the Constitution of India.”
One Samarendra Beura had sought the legislators’ disqualification and filed multiple petitions.
In one of his petitions, he had urged the governor to treat his earlier petition as afresh on the ground that 12 of the 13 respondent MLAs had been re-elected.