Odisha: HC annuls elections of Congress MLA for not furnishing criminal cases in nomination papers
By Nalini Sahu
Bhubaneswar, March 4: The High Court of Orissa on Monday annulled the election of Cuttack-Babarati Congress MLA Mohammed Moquim for allegedly failing to furnish detailed information regarding criminal cases pending against him in affidavit during the filing of nomination in 2019.
The court passed the judgement during the hearing of a petition filed by the ruling Biju Janata Dal (BJD) leader Debashish Samantaray on July 3, 2019 who complained that some of the columns prescribed in the declaration paper were struck down by Moquim which requires declaring all the criminal cases against a candidate.
While seeking direction declaring his election null and void and asking the Election Commission of India for fresh polls, the petition had further cited that Moquim did not disclose correct facts about his assets and liabilities. The HC had framed 36 issues for consideration in the election case.
The court ruling has effectively made Cuttack-Barabati Assembly Constituency vacant until the next election.
Moquim’s annulment of last election in 2019 means he will no longer be considered as the representative of Barabati-Cuttack for the period between 2019 and 2024.
Sources close to Moquim said the latter might challenge the HC ruling in the Supreme Court.
Legal experts maintain that Moquim will not have any problem fighting the upcoming elections since HC has not made any observations on his candidature in the future polls.
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, the court had dismissed the Congress MLA’s plea on June 20, 2022.
On September 29, 2022, the Special Vigilance Court, Bhubaneswar convicted Moquim in a 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 the execution of the sentence, also the imposition of the fine.
