Cuttack, Mar 4 (UNI) A single judge bench of Justice S K Sahoo of Orissa High Court on Monday declared the election of Congress MLA from Barabati- Cuttack Assembly Mohammed Moquim as void and set aside the election.
Resultantly, given section 151A of R.P. Act, 1951, a casual vacancy to the said constituency has occurred, Justice Sahoo ordered while delivering the judgment in response to an election petition filed by BJD leader Debashish Samantaray who was defeated in the election.
Samantray had filed this Election Petition under sections 80 to 84 read with section 100 of the Representation of Peoples Act, 1951 to declare that the nomination of Mohammed Moquim as void.
He stated that the entire process of election so far as it relates to the election of 90- Barabati Cuttack Assembly Constituency has been vitiated and therefore, the result of the election of the Constituency is materially affected and is to be declared void and to be set aside.
In his prayer, the leader further stated that Moquim had not submitted his nomination papers in the prescribed Form 2B and had filed false affidavits in Form 26 along with the nomination papers violating the Election Rules and Act.
He also submitted that the election of Moquim is void and prayed the court to direct, inter alia, for fresh election in the constituency to the Odisha State Legislative Assembly and for any other relief or reliefs to which the petitioner is entitled under law.
Justice Sahoo observed that Moquim is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the Court of competent jurisdiction.
The Judge further said the non-disclosure of criminal cases by the respondent in entirety and in full detail in the prescribed Form 26 as mandated under section 33-A of the R.P. Act, 1951 read with Rule 4-A of the Conduct of Elections Rules, 1961 creates impediment in free exercise of electoral rights by the voters.
Therefore, the election of Mohammed Moquim from Barabati Cuttack Assembly Constituency is to be declared null and void as the misinformed voters could not make an informed choice according to their free will and conscience and the same violates the fundamental rights of the voters to know.
Given the foregoing discussions, Justice Sahoo said “ I am of the humble view that the Respondent has not disclosed true and correct details of the properties held by him, his spouse, and dependents in the affidavit filed in Form 26.
He has not correctly disclosed all the movable and immovable assets held by himself and his spouse in his affidavit in Form 26.
While allowing the petition of Samantray, the single bench of the Orissa High Court declared that the election of Moquim as M.L.A. from Barabati Cuttack Assembly Constituency held in April 2019 is void and the same is hereby set aside.
Resultantly, given section 151A of R.P. Act, 1951, a casual vacancy to the said constituency has occurred, the Judge observed.
In his 694-page judgment, Justice Sahoo said the proceeding got delayed on account of COVID-19 pandemic.
It was also further delayed for the disposal of an interim application filed by the Respondent for striking out the pleadings in some paragraphs of the election petition, with a further prayer to reject the election petition at the threshold, which was dismissed by justice Sahoo on June 20, 2022 which was later confirmed by the Supreme Court on July 29, 2022.
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