CUTTACK: The Orissa High Court has fixed November 18 date for ex parte hearing on the petition challenging the election of BJP MLA Laxman Bag from Kantabanji by defeating former chief minister and BJD supremo Naveen Patnaik with a margin of 16,344 votes in April this year.
The single judge bench of Justice Ananda Chandra Behera decided to start proceedings in the case without the presence or input of Bag after there was no response from him or on his behalf to the notice and summons for two months.
A voter of Kantabanji, Giriraj Singh Majhi had filed the petition seeking the declaration of Bag’s election from the western Odisha Assembly constituency as void.
On August 5, Justice Behera had admitted the petition and issued notices to Bag for filing of written statement for settlement of issues. Later on, September 27, an order was issued to the Registry to issue notice to Bag through email.
When the matter came up on Tuesday, senior advocate Milan Kanungo represented the petitioner while none appeared on Bag’s behalf. Taking note of it, Justice Behera said, “In spite of sufficiency of summoning/notice against the respondent, none has appeared on behalf of the respondent. Therefore, the respondent is set ex parte. List this matter on 18.11.2024 for ex parte hearing.”
Majhi sought quashing Bag’s election on the ground of improper acceptance of his nomination papers by the returning officers despite non-compliance with the provisions of the Representation of the People Act, 1951 and Rules 1961. The non-compliance involved non-furnishing the requirements of the particulars of his assets, the status of criminal cases pending against him along with his educational qualification.