Subas Mohapatra filed election petition in Odisha High Court challenging election of Achyut Samant as Member of Rajya Sabha
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.
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.
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.
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.