The Orissa High Court on Monday declared the election of Congress lawmaker Mohammed Moquim from Cuttack-Barabati Assembly constituency null and void for concealing information about the properties.
Justice SK Sahoo, pronouncing the verdict on a petition filed by former BJD MLA Debashish Samantaray, set aside the election under Section 151-A of Representation of People Act, 1951.
“The respondent (Mohammed Moquim) has not disclosed true and correct details of the properties held by him, his spouse and dependents in the affidavit filed in Form. He has not correctly disclosed all the movable and immovable assets held by himself and his spouse in his affidavit in Form. The Respondent has not declared the purchase price and development/construction cost of immovable properties of his spouse in the affidavit filed in Form,” Justice Sahoo stated in the order.
“An element of sanctity and solemnity is attached to the declaration made by a candidate and this very fact is evidently apparent as it is required to be in the form of an affidavit sworn. Therefore, there is scarcely any doubt that it is to be strictly followed.”
“Suppression of material information and/or giving false information is not permissible. The information should be correct and complete in all respect. A citizen/voter has the right to know about the contesting candidate and that right is a part of the fundamental right. The information about the candidate to be selected is essential as it would be conducive to transparency and purity in the process of election.”
The respondent had not disclosed the name of the joint account holder of the two bank accounts so also other details which he was required to furnish as per the instruction given in the affidavit in Form 26. The Respondent has also not declared the book value of the shares as per the books of the company and he has not furnished the details about the investment made in his name and in the name of his spouse in the insurance policies so also the details in respect of his investment made by him.
Therefore, the election of Mohammed Moquim from Cuttack-Barabati Assembly constituency is to be declared null and void as misinformed voters could not make an informed choice according to their free will and conscience and the same violates the fundamental rights of voters to know, Justice Sahoo stressed in the order.