Orissa High Court: Congress high command direction leads to withdrawal of election petition in Orissa high court – The Times of India

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Congress high command direction leads to withdrawal of election petition in Orissa high court

CUTTACK: In a significant development, Odisha Pradesh Congress Committee (OPCC) President Bhakta Charan Das has withdrawn his election petition filed in the Orissa High Court challenging the victory of BJD MLA Manorama Mohanty from the Narla Assembly constituency, following instructions from the party’s central leadership.Das, a former MP, who had contested the 2024 Odisha Assembly elections from Narla as a Congress candidate and lost by a margin of 5,205 votes, had earlier challenged Mohanty’s election through an election petition. The case had progressed to the stage of hearing, with two witnesses from the petitioner’s side already examined.Das filed an application seeking withdrawal of the Election Petition on March 30. The Single Judge Bench of Justice Sashikanta Mishra allowed the application, but directed Das to pay Rs 5,000 as costs to the Narla MLA within two weeks.“The present application has been filed seeking withdrawal of the Election Petition on the ground that in the review meeting of the Indian National Congress Party, the High Command of the party instructed the petitioner not to proceed further in the election case challenging the verdict of the majority of voters. As such, being a disciplined member of the party, he has decided not to proceed further with the election case.

It is further stated that there is no understanding between the parties to the case for withdrawal of the petition,” Justice Mishra recorded in the order, web copy of which was uploaded on Tuesday.Appearing for Das, advocate B.C. Panda submitted that his client was abiding by party directions as a disciplined member. On the other hand, senior counsel G.K. Agarwal, representing the Narla MLA, submitted that there was no objection to the withdrawal.After considering the submissions, Justice Mishra observed, “This Court is satisfied that the same has not been induced by any bargain or consideration which ought not to be allowed.” The Judge further held that the statutory requirements under Sections 109 and 110 of the Representation of the People Act had been fulfilled. “In the result the application is allowed. The Election Petition is permitted to be withdrawn,” the Judge ordered.He also ordered publication of the withdrawal notice in the official gazette and directed that the matter be intimated to the Election Commission authorities and the Speaker of the Odisha Legislative Assembly.

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