SC stays HC order setting aside election of Congress MLA in 2019 Odisha assembly polls

Supreme Court stays Odisha High Court's order on Congress leader's election, subject to conditions, amid upcoming state elections.

The Supreme Court on Monday stayed the Odisha High Court's order setting aside the election of Congress leader Mohammed Moquim as MLA from the Barabati assembly constituency in Cuttack in 2019.

The apex court, however, clarified that the stay order was subject to the condition that Mr. Moquim will not be entitled to cast vote in the assembly proceedings.

"Issue notice (to the parties concerned), returnable on May 10, 2024. Meanwhile, the operation of the impugned judgment shall remain stayed, subject to the condition that the appellant shall not be entitled to cast a vote in the assembly proceedings," a bench of Justices Surya Kant and K.V. Viswanathan said.

The bench passed the order while hearing Mr. Moquim's plea challenging the high court order of March 4.

The apex court permitted Mr. Moquim, who was represented by senior advocates S. Muralidhar and Pitambar Acharya, to participate in the assembly proceedings and said that he was entitled to all the perks and facilities as an MLA.

Mr. Moquim's election in the Odisha Assembly polls of 2019 was challenged before the high court by Debashish Samantaray, the unsuccessful Biju Janata Dal (BJD) candidate.

The grounds for the challenge were that Mr. Moquim allegedly suppressed information regarding 13 criminal cases pending against him and that he did not divulge complete details of his property.