CUTTACK: The Orissa High Court has fixed November 4 to start hearing on the election petition filed by BJD leader Debashish Samantaray challenging Congress leader Mohammed Moquim’s election to the State Assembly from Barabati-Cuttack in 2019.
Justice SK Sahoo fixed the date after framing the issues on Friday. Samantaray had filed a petition on July 3, 2019, challenging 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.
While seeking direction declaring his election void and asking the Election Commission for fresh polls, the petition has further cited that Moquim had also not disclosed correct facts about his assets and liabilities. Moquim, a first time MLA had earlier filed an interim application seeking rejection of the election petition at the very threshold in its entirety for want of cause of action without entering into the merits of the case.
However, Justice Sahoo had dismissed the Congress MLA’s plea on June 20, 2022. “I am of the considered opinion that in the present facts and circumstances of the case, at this stage, it cannot be said that the petitioner (Debashish Samantaray) has offended the rules of pleadings by making averments or raising arguable issues and that none of the reliefs prayed for could be granted to him if the averments made in the election petition are proved to be true,” Justice Sahoo observed.Justice Sahoo has framed 36 issues for consideration in the election case.
On September 29, 2022, the Special Vigilance Court, Bhubaneswar convicted Moquim in a OHRDC loan scam and sentenced him to three years imprisonment along with a fine of Rs 50,000. However, the High Court had since granted him bail and consequent stay on execution of the sentence, also imposition of the fine.