By Our Correspondent
BHUBANESWAR: The Odisha Pradesh Congress Committee (OPCC) has suspended three of its MLAs for alleged cross-voting in the recent Rajya Sabha elections.
The suspended MLAs are: Sofia Firdous (Barabati-Cuttack), Ramesh Jena (or Ramesh Chandra Jena, Sanakhemundi), Dasarathi Gamango (or Dasarathi Gomango, Mohana)
This action was taken on Tuesday, following accusations that they violated the party whip by cross-voting, which contributed to the defeat of the BJD-Congress backed candidate Dr Datteswar Hota). BJP-backed independent candidate Dilip Ray won, with cross-voting from several MLAs across parties including at least 3 from Congress and 8 from BJD.
Odisha Congress President Bhakta Charan Das (Bhakta Das) confirmed the suspensions, with some sources noting the party is not likely moving toward expulsion under anti-defection rules. The party has labeled the act as betrayal, with strong statements calling out “traitors” who weaken from within. This comes amid reports of rebellion in both Congress and BJD during the polls.
Meanwhile, the anti-defection law (Tenth Schedule of the Indian Constitution) does not apply to voting in Rajya Sabha elections.The Tenth Schedule disqualifies legislators (MLAs/MPs) for defection, such as voluntarily giving up party membership or voting/abstaining contrary to a party whip in proceedings of the House (like legislative votes in the Assembly or Lok Sabha/Rajya Sabha).
However, elections to the Rajya Sabha are indirect elections conducted by the Election Commission under Article 80 of the Constitution. MLAs vote as electors in a special electoral process, not as part of regular House proceedings.
Therefore, Cross-voting (voting for a candidate other than the party’s supported one) in Rajya Sabha polls does not trigger disqualification under the Tenth Schedule.
The Supreme Court clarified this in the landmark case Kuldip Nayar vs Union of India (2006), upholding the open ballot system for Rajya Sabha elections while ruling that voting against party lines in such polls does not invoke anti-defection provisions.
Multiple legal analyses and expert opinions (including from former Lok Sabha Secretary-General PDT Achary) confirm that whips issued for Rajya Sabha elections are not enforceable under anti-defection law, as the vote is not a “vote in the House.”
In the recent Odisha case (March 2026 Rajya Sabha polls), the Congress suspended/expelled the three MLAs (Sofia Firdous, Ramesh Jena, Dasarathi Gamango) for cross-voting, but this was a party disciplinary action, not a formal disqualification under anti-defection law leading to loss of their Assembly seats. Parties can internally penalize rebels (like suspension, expulsion), but the MLAs retain their seats unless disqualified by the Speaker under other grounds.
This loophole often leads to cross-voting in Rajya Sabha elections across states, as seen in recent polls in UP, Himachal, Karnataka, and now Odisha, without legal disqualification for the act of cross-voting itself.
