Raja wins battle, Supreme Court declares Athgarh election ultra vires

By Debadas Pradhan / www.indusvalleytimes.com

Bhubaneswar, Dec.9: The Supreme Court on Friday upheld the Odisha High Court decision and declared the election of Athgarh MLA Ramesh Rout as ultra vires.

The SC also ordered for fresh election for the Assembly seat.

On June 30, 2009, former minister and ex-Athagarh MLA Ranedra Pratap Swain had moved the Odisha High Court challenging rejection of his nomination papers by the returning officer in 2009. He told the court that there had been a conspiracy to deprive him of fighting the elections.

After a protracted trial for nearly a year, the high court on June 23, 2010 observed that rejection of Ranendra’s nomination was illegal and directed for fresh polls in the constituency.

Ramesh filed a petition in the HC seeking a stay on its decision. The HC on June 29, 2010 rejected Rout’s petition.

On July 5, 2010, Ramesh went to Supreme Court seeking to quash the HC order. On July 9, 201 the SC asked the Election Commission of India not to conduct fresh election in Athagarh. Similarly on July 9, 2010, the apex court stayed the HC order quashing the membership of Athgarh MLA Ramesh Rout.

The SC had completed the hearing process on October 19, 2010 and reserved the verdict.

“I welcome the SC verdict. It’s victory of law…victory of Athgarh people, my political workers and my well-wishers. Finally, truth has prevailed and I got justice.” an elated Ranendra Pratap Swain said.

BJP president Jual Oram, while hailing the judgment, said the verdict was a slap in on the face ruling BJD leaders who conspired to keep Ranendra Pratap Swain out of the election fray.