Reported by Chinmaya Dehury
Bhubaneswar, June 16:
Defeated BJD candidate Kusum Tete in Sundargarh (ST) Assembly constituency has moved the Odisha High Court seeking declaration of the election of Congress MLA Jogesh Kumar Singh as null and void on the ground that the MLA had submitted a false caste certificate while filing his nomination for the April 10 election..
In his petition filed in the High Court, a copy of which is in possession of this website, Tete urged the court that the election of Singh from Sundargarh constituency, a reserved constituency for scheduled tribes (ST), be declared void and the petitioner as duly elected as a member of the Odisha Legislative Assembly.
The petition said that Singh is the legal successor of late Renu Pratap Singh, who is from “Kshyatriya/Khandayat Bhuyan” community which is not a scheduled tribe community. “One of the RTI activists namely Biswajit Thakur obtained information from the office of the Tehsildar, Lephripda that as per the amendment laid down, the list of caste certificate and miscellaneous rule 1984 and Notification No. 20173/SSD dt. 6 May 2008 of Government of Odisha, ST/SC Development Department, the caste of “Khandayat Bhuyan” is not included in the list of list of scheduled tribe,” said the petition.
She alleged that Singh created a false and fabricated caste certificate as “Bhuyan” tribe and indulged in corrupt practice to win the election. Not only did Singh file a false affidavit, he also suppressed the fact about the status of RoR of Muoza Sargipali vide Khata No.207/12 in the recorded name of the Renu Pratap Singh.
“That the opposite party had committed fraudulent acts and deeds to avail the benefits provided for the members of Scheduled Tribe and therefore his election as a member of Legislative Assembly is liable to be set aside as he does not have eligibility to contest the election in the reserved constituency as a member of Scheduled Tribe. Since the opposite party No.1 does not belong to Scheduled Tribe category, he is ineligible to represent the Scheduled Tribe Community and he is liable to be disqualified as per the provisions contained in Section 5 of the Representation of the People Act,” said the petitioner.
The petitioner also blamed the CEO, Odisha and Sub- Collector, Sundargarh for not taking action against Singh even after a person complained before the due in this regard.
Sundargarh constituency is reserved in accordance with the provisions of Article 332 of Constitution of India and as per Section 5 of the Representation of the People Act, 1951 and only candidates belonging to Scheduled Tribe are eligible to contest election from the constituency while persons belonging to other communities are disqualified from contesting.