Cuttack: Orissa high court has framed 12 issues for adjudication in an election petition filed by a voter challenging the election of BJP MLA Laxman Bag from Kantabanji assembly constituency. Former Odisha chief minister and BJD supremo Naveen Patnaik was defeated by 16,344 votes in June 2024.Justice R K Pattanaik framed the issues on Sept 24, including allegations of irregularities in Bag’s nomination papers and disclosures made in the mandatory Form-26 affidavit. The court fixed 2 pm on Oct 9 for recording of evidence.The election petition was filed on July 18, 2024, by Kantabanji voter Giriraj Singh Majhi. The high court had admitted the petition on Aug 5, 2024. Majhi has sought annulment of Bag’s election, alleging that his nomination was improperly accepted despite alleged non-compliance with the Representation of the People Act, 1951 and Conduct of Elections Rules, 1961.A key focus of the election case proceedings will be Form-26, the affidavit that a candidate is required to submit along with the nomination papers. It contains information for voters about the candidate, including pending criminal cases, assets and liabilities, educational qualifications and other prescribed disclosures. The court will examine whether Bag furnished the required affidavit and whether the information disclosed in it was complete and correct.Among the issues framed, the court will determine whether Bag filed his nomination with the requisite Form-26 affidavit, whether submission of photocopies of the affidavit amounted to a substantial defect and whether any such defect warranted rejection of his nomination.The court will also check allegations that Bag suppressed or falsely declared information concerning pending criminal cases, his and his spouse’s movable and immovable assets, the separate bank account for election expenditure and his educational qualification.Another issue is whether the returning officer illegally or improperly accepted Bag’s nomination and, if so, whether this materially affected the election result.The court will further consider whether Bag’s election should be declared void for alleged non-compliance with Section 33A of the RP Act read with Rule 4A of the Conduct of Election Rules and Form-25. The maintainability of the election petition is also among the issues.
