Odisha Sun Times Bureau
Cuttack, Jul 24:
The Odisha High Court today rejected a petition filed by BJD’s Brahmagiri MLA Sanjay Das Burma seeking quashing of an election petition filed by defeated Congress candidate Lalatendu Bidyadhar Mohapatra alleging large-scale irregularities during the elections to the Brahmagiri Assembly constituency last year.
Rejecting Das Burma’s petition, the High court decided to hear Mohapatra’s petition.
“We had cited that the Supreme Court since 1964 to 2015 had a consistent view that an election case cannot be rejected at the preliminary stage. Despite so many verdicts of the Supreme Court, Das Burma had filed a misc petition for rejection of Mohapatra’s petition. After examining all verdicts given by the Supreme Court in similar cases, Justice Satrughna Pujari, in a lengthy verdict, has pronounced that this misc case is not legally admissible,” Mohapatra’s counsel senior advocate Pitambar Acharya said after the verdict.
As a consequence of the High Court’s verdict, Mohapatra’s petition alleging large-scale irregularities in the election to Brahmagiri constituency will be heard as per procedure, said Acharya.
Acharya said that the court will conduct the hearing on three main aspects: whether the election process has been properly followed or not, whether any provisions of the Representation of People Act, 1951 (RPA, 1951) or any sections of the Conduct of Election Rules 1951 have been violated and if it has indeed been violated, then be whether it is a fit case for declaring the election invalid to as per section 100 of the RPA, 1951.