CUTTACK: The Orissa High Court on Monday imposed a fine of Rs 10,000 on MLA Mohammed Moquim for failing to present his arguments in his defense as scheduled in the case in which his election from Barabati-Cuttack constituency in 2019 has been challenged.
This is the third time Moquim has been asked to pay the fine by the high court. The court had first imposed a Rs 10,000 penalty on him for failing to file an affidavit on August 4 - the date fixed by it. Later the court again imposed on him Rs 10,000 as a cost for failing to present witnesses in his defence as per schedule on October 13.
BJD leader Debashish Samantaray has challenged the election of Moquim on the ground that he had suppressed material facts with respect to the criminal cases pending against him while filing his nomination papers.
Moquim had also not disclosed correct facts about his assets and liabilities, Samantaray, who lost to Moquim in the election has also alleged. The election petition was filed on July 3, 2019. The court had started hearing on the petition on November 22, 2019.
The HC had on November 8 decided to start with arguments from Moquim’s side. At 2 pm on November 13, Moquim’s counsel was to address the court first generally on the whole case and then the election petitioner was to give his reply generally on the whole case.
But when the matter was taken up on Monday, senior advocate Bidyadhar Mishra appearing for Moquim submitted that his health condition was not good for two days and sought adjournment to November 28.
There was a power failure in his locality and since it is a case where there is a recording of voluminous evidence and volumes of exhibits are there, it requires some more time for preparation of argument, Mishra also pleaded.“If the court has a serious objection to grant an adjournment for such period, the matter may be taken up on November 20, 2023, for argument,” Mishra further pleaded.
Taking note of it, Justice SK Sahoo said, “This court thinks it proper to adjourn the hearing of the election petition to 20th November 2023 subject to the imposition of cost of Rs 10,000 on the respondent (Mohammed Moquim), which is to be deposited by the respondent in the Orissa High Court Advocate’s Welfare Fund, the receipt of which shall be produced on the next date.”