No bar on public servants acting as poll agents, says Orissa high court; junks petition against BJD MLA’s victory

Cuttack: There is no statutory provision preventing persons holding public offices from functioning as election agents of poll candidates, Orissa high court has ruled while dismissing an election petition challenging the victory of BJD MLA Aswini Kumar Patra from Jaleswar assembly constituency in 2024.Manas Jena, chairman of Jaleswar panchayat samiti had functioned as Patra’s election and counting agent during the election. BJP leader Brajamohan Pradhan, who had lost to Patra by 319 votes, filed the election petition alleging that Patra violated Election Commission guidelines by appointing Jena as his election and counting agent despite him being a panchayat samiti chairman.Rejecting the plea on Friday, Justice Sashikanta Mishra observed that neither the Constitution nor the Representation of the People Act, 1951, bars a person holding a public office from acting as an election or counting agent. The judge specifically held that Jena, the chairman of Jaleswar panchayat samiti, was legally eligible to function as Patra’s election and counting agent during the polls.Pradhan had approached the high court seeking that Patra’s election be declared void and sought a direction for holding fresh election. His counsel argued that the alleged violation was serious enough to warrant cancellation of Patra’s election.However, Justice Mishra rejected the contention, holding that the objection raised by the petitioner was based only on executive instructions contained in the handbook for candidates and not in any statutory provision having the force of law.The HC further noted that merely questioning the appointment of an election or counting agent was insufficient to set aside an election result. It held that the petitioner was required to specifically plead and prove that Jena had materially influenced voters in favour of the candidate or that the election outcome would have been different had he not acted as agent.Finding no such pleadings or evidence on record, Justice Mishra concluded that the challenge lacked merit and dismissed the election petition.