CUTTACK: Acting on the direction of the Indian National Congress high command, OPCC president Bhakta Charan Das has withdrawn his election petition filed in the Orissa High Court challenging the 2024 Assembly poll victory of BJD’s Manorama Mohanty from Narla constituency.
The single judge bench of Justice Sashikanta Mishra allowed the application for withdrawal of election petition on March 30 after noting that the decision was taken without any inducement or private arrangement between the parties.
Das had filed the petition after he lost the election by 5,205 votes. It had already reached the hearing stage with two witnesses examined from the petitioner’s side.
Considering Das’ plea, Justice Mishra noted, “The present application has been filed seeking withdrawal of the election petition on the ground that in the review meeting of the Indian National Congress Party, the High Command of the party instructed the petitioner not to proceed further in the election case challenging the verdict of the majority of voters.
As such, being a disciplined member of the party, he has decided not to proceed further with the election case. It is further stated that there is no understanding between the parties to the case for withdrawal of the petition.”
Advocate BC Panda representing Das, submitted that his client was abiding by the party directions as a disciplined member. Senior advocate GK Agarwal, appearing for Mohanty, said the respondent had no objection to the withdrawal.
Accepting the submissions, Justice Mishra observed that “this court is satisfied that the same has not been induced by any bargain or consideration which ought not to be allowed,” and held that the requirements under sections 109 and 110 of the Representation of the People Act were met.
“In the result, the application is allowed. The Election Petition is permitted to be withdrawn,” Justice Mishra ordered, while directing Das to pay `5,000 as costs to the respondent within two weeks. The judge also ordered publication of the withdrawal in the official gazette and instructed the registry to inform the Election Commission authorities and the Speaker of the state Assembly.