SC stays HC order on Moquim’s election

Cuttack: The Supreme Court on Monday stayed the Orissa high court order that had declared the 2019 election of MLA Mohammed Moquim (Congress candidate) from Barabati-Cuttack assembly constituency “void”.The apex court issued the stay order after a preliminary hearing on Moquim’s Special Leave Petition (SLP) that had challenged the Orissa high court’s March 4 order.Senior advocates S Muralidhar and Pitambar Acharya appeared on Moquim’s behalf. “The two-judge bench of Justice K V Viswanathan and Justice Surya Kant issued the interim stay order while specifying that Moquim will be entitled to all privileges as a member of the state assembly,” Acharya said.“Our basic contention was that the March 4 high court order was not well reasoned and the grounds on which election of the MLA was declared void are contrary to the mandates of the provisions of the Representation of Peoples Act, 1951,” Acharya said. “The bench also issued notice to Debashis Samantaray on whose election petition the high court had issued the March 4 order”, Acharya said.In a judgment running to 693 pages, Justice Sangam Kumar Sahu concluded: “On account of the defects in the nomination papers the result of the election in so far as it concerns the returned candidate has been materially affected and it cannot be said that Moquim was duly elected.”

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