Subas
Mohapatra filed election petition in Odisha High Court challenging election of
Achyut Samant as Member of Rajya Sabha
Mohapatra filed election petition in Odisha High Court challenging election of
Achyut Samant as Member of Rajya Sabha
Dear friends
Dr. Subas Mohapatra, RTI Activist filed election petition no. 1/2018 dt. 30.4.18
challenging election of Achyut Samant as
Rajya Sabha Member by members of Odisha Legislative Assembly. In his petition,
Dr. Mohapatra has stated that Achyuta Samanta
filed his affidavit along with nomination paper before the Retuning Officer for
election to Rajya Sabha from Odisha Constituency being a candidate set up by
BijuJanata Dal and he has stated on oath
that his name is enrolled in Bhubaneswar North (Uttar) Assembly Constituency at
Sl. No. 1263 in Part No.64. Sri Samant in Point No.5 of the Affidavit that was filed
in Form-26 under Rule-4 A of the Conduct of Elections Rules, 1961 has consciously and categorically stated that
he has not been accused of any offence(s). Sri Samant in answering to the
queries made in Point No.5 (i) of the Form-26, specifically mentioned “not
applicable” in respect of the details of queries such as Case(s)/ First
Information Report No (s) together with compete details of concerned police
station/ District/ State. Sections of the concerned acts and short description
of the offences for which charged, Name of the Court, case No. and date of
order taking cognizance. Sri Samant has also declared that the
contents/descriptions of his affidavit
filed in Form-26 are true and correct to
the best of his knowledge and belief and no part of the said affidavit is false
and nothing material has been concealed there from and
there is no case of conviction or pending case against him other than
those mentioned in items 5 and 6 of Part-A and B of the said affidavit.
challenging election of Achyut Samant as
Rajya Sabha Member by members of Odisha Legislative Assembly. In his petition,
Dr. Mohapatra has stated that Achyuta Samanta
filed his affidavit along with nomination paper before the Retuning Officer for
election to Rajya Sabha from Odisha Constituency being a candidate set up by
BijuJanata Dal and he has stated on oath
that his name is enrolled in Bhubaneswar North (Uttar) Assembly Constituency at
Sl. No. 1263 in Part No.64. Sri Samant in Point No.5 of the Affidavit that was filed
in Form-26 under Rule-4 A of the Conduct of Elections Rules, 1961 has consciously and categorically stated that
he has not been accused of any offence(s). Sri Samant in answering to the
queries made in Point No.5 (i) of the Form-26, specifically mentioned “not
applicable” in respect of the details of queries such as Case(s)/ First
Information Report No (s) together with compete details of concerned police
station/ District/ State. Sections of the concerned acts and short description
of the offences for which charged, Name of the Court, case No. and date of
order taking cognizance. Sri Samant has also declared that the
contents/descriptions of his affidavit
filed in Form-26 are true and correct to
the best of his knowledge and belief and no part of the said affidavit is false
and nothing material has been concealed there from and
there is no case of conviction or pending case against him other than
those mentioned in items 5 and 6 of Part-A and B of the said affidavit.
But
Dr. Subas Mohapatra has alleged that
Sri Samant has miserably failed to submit true and correct information as
required under the law to satisfy the bonafide of the acceptance of his
nomination in accordance with law. He alleged that Sri Achyuta Samant was having more than one Voter I.D. Cards, thereby
committing offence under Sections 17 and 18 read with Section 31 of the
Representation of the Peoples Act, 1950. He has consciously and deliberately misled to
all concerned with the electoral process, thereby making false declaration
about his date of birth, which is quite contradictory in his own documents
filed with the various authorities from time to time. He has categorically
mentioned that his total income in the Income Tax Return in respect of the
Financial Year 2017-18, which in fact admittedly had not seen the light of the
day, as the Financial Year 2017-18 comes to an end on 31st March, 2018, but the
said affidavit was filed undisputedly on 08.03.2018. Sri
Samant has also miserably failed to provide true and correct
information about his details of immovable properties/assets and floating
(movable) assets including investments, bonds, debentures, shares and units in
companies and mutual funds and other institutions, so also details of
investments in other financial and non-financial organizations, thereby
suppressing vital facts which affects the result materially.
Dr. Subas Mohapatra has alleged that
Sri Samant has miserably failed to submit true and correct information as
required under the law to satisfy the bonafide of the acceptance of his
nomination in accordance with law. He alleged that Sri Achyuta Samant was having more than one Voter I.D. Cards, thereby
committing offence under Sections 17 and 18 read with Section 31 of the
Representation of the Peoples Act, 1950. He has consciously and deliberately misled to
all concerned with the electoral process, thereby making false declaration
about his date of birth, which is quite contradictory in his own documents
filed with the various authorities from time to time. He has categorically
mentioned that his total income in the Income Tax Return in respect of the
Financial Year 2017-18, which in fact admittedly had not seen the light of the
day, as the Financial Year 2017-18 comes to an end on 31st March, 2018, but the
said affidavit was filed undisputedly on 08.03.2018. Sri
Samant has also miserably failed to provide true and correct
information about his details of immovable properties/assets and floating
(movable) assets including investments, bonds, debentures, shares and units in
companies and mutual funds and other institutions, so also details of
investments in other financial and non-financial organizations, thereby
suppressing vital facts which affects the result materially.
Sri Samant
has also suppressed some
information about FIR No.114 of 2017 of
Gadisagoda Police Station in the district of Puri in the State of Odisha, filed
against him corresponding to G.R. Case No. 2369 of 2017, pending in the
Court of Learned S.D.J.M., Puri, for the offences under Sections 341/ 323/ 294/
452/ 354/ 506/ 120-B/ 34 of the Indian Penal Code, readwith Section 25 and 27
of the Arms Act. Some other cases are though pending against him , but
the details of the said crime have been consciously and out rightly did not
find place in the affidavit filed by him at the time of filing of his
nomination to be elected as a Member of Parliament.
has also suppressed some
information about FIR No.114 of 2017 of
Gadisagoda Police Station in the district of Puri in the State of Odisha, filed
against him corresponding to G.R. Case No. 2369 of 2017, pending in the
Court of Learned S.D.J.M., Puri, for the offences under Sections 341/ 323/ 294/
452/ 354/ 506/ 120-B/ 34 of the Indian Penal Code, readwith Section 25 and 27
of the Arms Act. Some other cases are though pending against him , but
the details of the said crime have been consciously and out rightly did not
find place in the affidavit filed by him at the time of filing of his
nomination to be elected as a Member of Parliament.
Dr.
Mohapatra has prayed hon’ble High
Court to disquality Sri Achyut Samant as Member of
Rajya Sabha who has
defrauded Indian Constitution by filling
false affidavit.
Mohapatra has prayed hon’ble High
Court to disquality Sri Achyut Samant as Member of
Rajya Sabha who has
defrauded Indian Constitution by filling
false affidavit.
Pradip Pradhan
M-9937843482
Date- 6.5.18
