Odisha Sun Times Bureau
Bhubaneswar, Jul 3:
In a significant development in the 2014 Khandapada election irregularities case, the Supreme Court of India today while admitting a petition filed by Ama Odisha Party president Soumya Ranjan Patnaik against the Odisha High Court’s order for dismissal of his petition alleging large-scale irregularities committed in the 2014 elections to the Khandapada Assembly seat, has served show cause notice to opposite party-BJD MLA from Khandapada Anubhav Patnaik.
“Soumya Ranjan Patnaik had filed a election case in the High Court alleging large-scale irregularities and corruption in the last election to the Khandapada Assembly seat. Our main allegation was that the laws which are to be followed during conduct of elections and counting of votes both are faulty which are in disagreement to the Representation of the People Act. The High Court admitted the case and served notice to the opposite party. The opposite party filed a petition under Rule 15 of the Civil Procedure Code seeking dismissal of the case at the preliminary stage. But in more than one judgment of the honourable Supreme Court since 1964 till date and in several decisions of constitutional benches at different points of time it has been pronounced that the High Court can neither go into the motive of the case nor appreciate the evidence, have to conduct a complete hearing and give its comments on each and every issue. But the honourable High Court in disagreement with the verdicts of the Supreme Court dismissed the petition at the preliminary stage. Following which we approached the Supreme Court. The honourable Supreme Court today admitted our petition for adjudication and has served show cause notice to opposite party BJD legislator Anubhav Patnaik,” said Pitamber Acharya senior lawyer and counsel of Patnaik.
Patnaik had filed a case in the High Court alleging large-scale irregularities committed in the 2014 elections to the Khandapada Assembly seat and had sought declaration of the election null and void.
Patnaik had challenged the entire process of election and the counting of votes in the constituency.
Anubhav Patnaik had filed a petition seeking quashing of Soumya Ranjan’s petition at the preliminary stage.
The High Court on March 26 last had dismissed Soumya Ranjan’s case on the grounds of insufficient facts for adjudication.
Patnaik had lost to Anubhav Patnaik of the BJD by less than 600 votes.