Recently, a division bench of the Orissa High Court has dismissed a writ petition filed by a Company Secretary challenging the 2019 election of Union Railway Minister Ashwini Vaishnaw to Rajya Sabha on the ground of submission of false affidavit along with the nomination papers.
Brief Facts:

In the present case, the Petitioner who is a company secretary by profession challenged the 2019 election of Ashwini Vaishnav (Respondent No.3) and sought issuance of writ of mandamus to the Election Commission of India (ECI) to complete an inquiry in accordance with law within a stipulated time on a complaint submitted by the Petitioner with respect to the filing of a false affidavit by the Respondent No.3 while submitting his nomination papers for the said election to Rajya Sabha in 2019. 

Observations of the Court:

The Court highlighted that the Petitioner had lodged a complaint with the Election Commission of India (ECI) on February 15, 2024, accusing Vaishnaw of providing false information in his nomination documents. Two weeks later, on February 29, 2024, the Petitioner followed up with an email to the ECI, questioning why the Commission allowed Vaishnaw to be re-elected to the Upper House even though the complaint against him was still pending.

On that same day, the ECI replied to the Petitioner’s email, indicating that his complaint had been logged in the 'National Grievance Services Portal,' and that the relevant department was working on an appropriate response.

The Court found the Petitioner’s approach concerning, noting that he had gone to court less than a month after sending his email to the ECI, even though the Commission had promptly acknowledged and replied to him.

The Division Bench also observed that the ECI announced general elections on March 18, 2024, and the Petitioner filed his writ petition a day later, on March 19, 2024.

While emphasizing that the Court has the jurisdiction to address legitimate petitions with political overtones, the Bench expressed concern about the filing of frivolous or vexatious petitions.

The decision of the Court:

The Court, noting the facts and circumstances of the case dismissed the writ petition with a cost of Rs 5,00,000/- to be paid by the Petitioner. 

Case Title: Bhagyadhar Behera v. Election Commission of India and Others

Coram: Mr. Justice Chakradhari Sharan Singh & Mr. Justice Murahari Sri Raman

Case No.: WP(C) No. 8446 of 2024

Advocate for the Respondent: Advs. Mr. Ashok Kumar Parija, Mr. Debakanta Mohanty, Mr. Gopal Agarwal

Read Judgment @LatestLaws.com: 

Picture Source :