Not inclined to take hasty decisions on the petitions challenging the election of Chief Minister Naveen Patnaik from his constituency, the Orissa High Court on Thursday once again deferred the hearing on the plea made by BJP leader Devananda Mohapatra, who had lost to Patnaik in the 2014 elections from Hinjili constituency of Ganjam district.
Since the maintainability of a similar petition filed by RTI activist Subash Mohapatra is in question in the connected petition and the same is listed for hearing on September 6, Justice SK Mishra adjourned the hearing on the petition of the BJP leader to that date and ordered that both the matters be listed for a joint hearing.
Both the activist and the BJP leader have challenged the election of Naveen Patnaik on the grounds that he and his party BJD, of which he is the president, have submitted false affidavits to the Election Commission of India (ECI) detailing their poll expenses. The challengers have claimed that there are huge discrepancies in the election affidavits.
Appearing for the BJP leader, senior advocate Pitambar Acharya very emphatically argued that notice be issued against Naveen Patnaik as his election is in question and the petitioners have made prayers before the ECI to take appropriate action against Patnaik under Section 10-A of the Representation of People’s Act of 1951.
ECI counsel Anjana Gosain, however, submitted that a similar matter is before his court in which the court has already framed questions to be determined and the ECI has been asked to respond to it. Considering the rival submissions, the High Court decided to hold a joint hearing on both the petitions on September 6.