Supreme Court Stays Orissa HC Order Nullifying 2019 Election Of Congress MLA Mohammed Moquim

In a matter where the Orissa High Court recently (on March 04) nullified the election of Congress MLA Mohammed Moquim from Barabati Constituency in Cuttack, the Supreme Court has not only issued notice but also stayed the operation of this decision. While doing so, the bench of Justices Surya Kant and K. V. Viswanathan also stated that Moquim would not be entitled to vote; however, he shall be permitted to participate in the assembly proceedings. Mohammed Moquim contested the Odisha Assembly Election 2019 as the official candidate of the Congress Party from Barabati-Cuttack constituency. He secured 50244 votes in his favor, whereas Debashish Samantaray, the candidate fielded by the Biju Janata Dal (BJD), was able to gather 46417 votes. Accordingly, Moquim was declared the winner. After the declaration of the election results, Samantaray filed a petition challenging the election of Moquim. Two grounds were mainly cited for impugning the election result, i.e. (i) nomination papers were not properly filed by Moquim; (ii) he suppressed material information about 13 criminal cases pending against him; and (iii) he did not furnish proper and full details of property held by himself as well as his spouse Firdousia Bano. The High Court proceeded to frame as many as 36 issues for determination in the election trial. Inter-alia, the Single Bench of Justice Sangam Kumar Sahoo had observed that the Congress MLA had not made a proper and full declaration about the thirteen criminal cases pending against him. Further, on account of the defects, as pointed out by Samantaray, it was held that the election results concerning Moquim “has been materially affected,” and it cannot be said that he was “duly elected.”When the Supreme Court took up the matter today (March 18), Senior Advocate Dr. S Muralidhar, who appeared for Moquim, apprised that the judgment went on a very high technicality and “unusually long.” The Bench acceded and expressed the same predicament. Justice Kant said, “It was difficult to dig out facts or anything.”It may be noted that amongst the observations made on the defects, the High Court opined that the same were substantial and that Moquim's nomination was not rightly accepted by the Returning Officer as prescribed under Section 36(4) of the Representation of the People Act, 1951. Basis this, it was held that the Returning Officer should have rejected the nomination in the exercise of power under Section 36 of the 1951 Act at the time of scrutiny of the nomination papers. The detailed story of the High Court's order can be read here. The High Court, in its decision, concluded as follows: “In view of my findings in the previous paragraphs, ELPET No.06 of 2019 is allowed and it is declared that the election of the Respondent as M.L.A. from the 90-Barabati Cuttack Assembly Constituency held in April 2019 is void and the same is hereby set aside. Resultantly, in view of section 151A of R.P. Act, 1951, a casual vacancy to the said constituency has occurred.” Case Title: MOHAMMED MOQUIM v. DEBASHISH SAMANTARAY., C.A. No. 4296/2024 Click Here To Read/Download Order

Supreme Court Stays Orissa HC Order Nullifying 2019 Election Of Congress MLA Mohammed Moquim

Gyanvi Khanna

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