A Division Bench comprising Chief Justice V Gopala Gowda and Justice B K Mishra directed the court registry to issue express notices to the Speaker and to the MLA by special messengers ordered to list the matter as soon as the counter affidavits are received from the respondents.
Majhi last month had filed the writ challenging the August 1, 2012 ruling of the Speaker in which the latter had rejected an application of BJP. The party had urged the Speaker to disqualify Choudhury as a member of the House since the latter had defied the party whip during the 2010 Rajya Sabha election voting.
But allowing Choudhury to continue as MLA, the Speaker had turned down the BJP application on the ground that voting for Rajya Sabha polls was not a proceeding of the House and the legislator was not inviting 'disqualification' for defying the party whip.
The Bonai MLA was elected on a BJP ticket but he has since been suspended from the party after the 2010 Rajya Sabha polling.
Maintaining that Choudhury had incurred disqualification for violating provisions of 10th
