Context
BJD MLAs cross-voted in a Rajya Sabha election; party issued show-cause notices; MLAs claim no whip applies and action is illegal.
Law
Rajya Sabha election = electoral process (STV), not House proceeding → hence no whip and Tenth Schedule (anti-defection) not applicable → cross-voting is valid and does not attract disqualification.
Cases
Kuldip Nayar v. Union of India (2006) (RS voting not House proceeding, no anti-defection)
Pashupati Nath Sukul v. Nem Chandra Jain (1984) (election process distinct)
Kihoto Hollohan v. Zachillhu (1992) (Tenth Schedule limited to House votes)
BNS angle
Section 171, Bharatiya Nyaya Sanhita, 2023 (undue influence in elections) → forcing/compelling voting choice → MLAs argue party direction/whip itself can amount to undue influence.
Conclusion
RS voting = free electoral choice; no whip; no anti-defection; coercion may violate Sec 171 BNS.
