CUTTACK: The Orissa High Court has dismissed a PIL seeking to declare Section 69 (2) of the Representation of People’s Act, 1951 as unconstitutional and imposed a penalty of `1 lakh on the petitioner for filing such a “frivolous” petition.
One Bibhutibhusan Mohapatra filed the PIL and appeared in person when the petition was taken up on Monday. On a query from the court, he was not able to place anything on record to explain the grounds on which the provision in the Act is to be declared unconstitutional.
Irked by it, the division bench of Acting Chief Justice BR Sarangi and Justice MS Raman said, “Without justifying how Section 69 (2) of Representation of People’s Act, 1951 is unconstitutional, this frivolous writ petition has been filed by the petitioner. Therefore, this court is not inclined to entertain this writ petition.”
Dismissing the petition, the bench imposed the penalty and directed that the amount be deposited in the Advocate Welfare Fund of the High Court Bar Association within seven days. “If the amount is not deposited within the time stipulated, the state authority is free to initiate criminal proceedings against the petitioner, in addition to recovery of the amount under the Odisha Public Demands Recovery Act, 1962,” the bench said in the order.
Section 69 of the Representation of People’s Act, 1951 deals with the vacation of seats by persons already members of one House on election to the other House of Parliament. Section 69 (2) says, “If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, on the date on which he is so chosen, becomes vacant.”