CUTTACK: In yet another jolt to senior BJD leader and former minister Rabinarayan Nanda, the Orissa High Court on Tuesday allowed a writ petition filed by Congress MLA Taraprasad Bahinipati for acceptance of the second affidavit filed by him before the returning officer on the last date of nomination on April 22, 2014.
The single judge bench of Justice BN Ratha, while allowing the petition, directed that the affidavit shall be exhibited as a document of evidence by Bahinipati. The next date has been fixed to November 26.
Nanda, who had lost to Bahinipati in the 2014 Assembly polls from Jeypore segment, has challenged the election.
Bahinipati has submitted that he had filed a second affidavit on the last date of nomination as the first one filed on April 21, 2014 had missed mentioning some criminal cases and other particulars. He had filed the second one on time and the returning officer had duly accepted it and issued a certified copy. When Bahinipati, in course of his evidence wanted to exhibit the document, it was opposed by Nanda.
Arguing on his behalf, senior counsel Pitambar Acharya said the affidavit is a stand alone document and can be filed anytime before the last date of nomination. Bahinipati had filed the second affidavit at 1.05 pm before the end of nominations which was duly granted by way of certified copy. As the certified copy is an authorised public document, it ought to be exhibited as evidence in the case.
Citing several judgments, he said the two affidavits were not a ground for rejection nor setting aside the election of a returned candidate. The Court ruled that the second affidavit can be accepted as evidence in the case.
The ruling is another setback for Nanda, who has been facing the heat in the case. The High Court has already slapped fines of `10,000 and `5,000 on him on two occasions for deliberately trying to delay the case.