New Delhi/Cuttack: The Supreme Court on Monday stayed the Orissa High Court order, nullifying the 2019 election of Congress MLA Mohammed Moquim from Cuttack-Barabati Assembly constituency in Odisha.
The bench of Justices Surya Kant and K V Viswanathan agreed to the contention of senior advocate Dr S Muralidhar, who appeared for Moquim, that the HC’s judgement was very high on technicality and “unusually long”, LiveLaw reported.
“It was difficult to dig out facts or anything,” Justice Kant said.
While stating that Moquim will be entitled to all privileges as a member of the state assembly, the apex court also served notice to BJD leader Debashish Samantaray, who had challenged the Congress leader’s election after losing the polls by 3827 votes in 2019, alleging that he had suppressed criminal cases pending against him while filing his poll affidavit.
“Our basic contention was that the March 4 high court order was not well reasoned and the grounds on which election of the MLA was declared void are contrary to the mandates of the provisions of the Representation of Peoples Act, 1951,” Acharya said.
On March 4, a single judge bench of Justice Sangam Kumar Sahoo observed that Moquim had not submitted his nomination papers in accordance with Section 33 of the Representation of Peoples’ Act, 1951. He also had not made proper and full declaration about the 13 criminal cases pending against him in the affidavit filed with the nomination papers.
“Therefore, his nomination is liable for rejection,” Justice Sahoo said in the order, while adding, “The returning officer should have rejected the nomination at the time of scrutiny of the nomination papers. But the returning officer illegally and improperly accepted the nomination papers of Moquim.”
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