On Monday, March 18, the Supreme Court specified that under the condition of this stay order, Moquim shall not have the right to vote in the assembly proceedings.
NEW DELHI: On Monday (18th March): The Supreme Court set aside the High Court decision that nullified the election win of Congress leader Mohammed Moquim as MLA for Barabati in Cuttack in 2019.
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The bench led by Justices Surya Kant and K. V. Viswanathan, issued a notice concerning this matter and scheduled the next hearing date for May 10, 2024. The High Court orders Moquim to retain his position as MLA, albeit with specific restrictions, notably his inability to vote in assembly sessions.
“Issue notice (to the parties concerned), returnable on May 10, 2024. Meanwhile, the operation of the impugned judgment shall remain stayed, subject to the condition that the appellant shall not be entitled to cast a vote in the assembly proceedings,” a bench of Justices Surya Kant and K V Viswanathan said.
Background
The controversy was initiated during the 2019 Odisha Assembly elections, where Moquim’s victory was contested by Debashish Samantaray, a candidate from the Biju Janata Dal (BJD), who was defeated in the polls. Samantaray accused Moquim of failing to disclose information about 13 criminal cases pending against him and of not fully declaring his property details, claiming these omissions impacted the election’s integrity.
On March 4, the Odisha High Court found merit in these allegations, stating that the election’s outcome was significantly influenced and consequently voiding Moquim’s election victory. This decision prompted a vacancy for the Barabati-Cuttack assembly seat.
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Moquim has said,
“The pleadings of the respondent (Samantaray) in the election petition before the Odisha High Court are unnecessary, scandalous, frivolous, or vexatious, and by no means can we hold the nomination form of the appellant (Moquim) invalid.” The plea said the high court declared Moquim’s election invalid “without due appreciation of the facts” and by proceeding in “an erroneous manner.” In Odisha, which comprises 21 Lok Sabha seats and 147 Assembly segments, elections are scheduled to be held in four phases on May 13, May 20, May 25, and June 1.
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CASE TITLE: MOHAMMED MOQUIM v. DEBASHISH SAMANTARAY., C.A. No. 4296/2024
