CHIRANJIB BISWAL Vs. BISHNU CHARAN DAS AND ORS.

JUDGEMENT

(1.) Who says politicians only fight amongst themselves at the time of election? Politics and conflicts are the two sides of the same coin. Political conflicts can go to any extent and it is not merely the difference of opinion but sometimes it is full of mudslinging and character assassination. Lack of political ideologies appears to be a common feature in such never ending conflicts. Politics without principle and politicians without character are the most damaging elements of the social order.

(2.) The petitioner has filed this application under section 482 of Code of Criminal Procedure, 1973 with a prayer to quash the proceeding in I.C.C. Case 565 of 2014 pending in the Court of learned S.D.J.M., Jagatsinghpur. The learned S.D.J.M., Jagatsinghpur vide order dated 17.9.2014 has taken cognizance of offence under section 125A of the Representation of the People Act, 1951 (hereafter the '1951 Act') and issued process against the petitioner.

(3.) The opposite party no.1 Bishnu Charan Das filed a complaint petition in the Court of learned S.D.J.M, Jagatsinghpur on 27.8.2014 against the petitioner stating therein that he was a candidate of Biju Janata Dal for the 104-Jagatsinghpur Assembly Constituency along with the petitioner and others for the election which was held on 17.4.2014. As per the notification published under the provisions of 1951 Act by the competent authority for holding general election in the State of Odisha for the members of State Assembly, the opposite party no.1, the petitioner filed their respective nomination papers along with affidavits for contesting the election before the Returning Officer. There were altogether nine numbers of candidates in the election fray. On 24.3.2014 the petitioner delivered his nomination papers along with affidavit disclosing his assets and liabilities as per sections 33 and 33-A of 1951 Act and Rule 4-A of the Conduct of Elections Rules, 1961 (hereafter '1961 Rules') in Form No.26. The nomination paper and the affidavit filed by the petitioner were accepted by the Returning Officer and the petitioner contested the election with the opposite party No.1. It is the further case of the opposite party no.1 that after verification of the affidavit filed by the petitioner as well as the documents, displayed in the internet, the opposite party no.1 came to know that the petitioner had intentionally concealed some of his valuable properties as well as that of his spouse in the affidavit. The opposite party no.1 instructed his election agent Mr. Dolagobinda Das to send application to the Election Commission of India disclosing concealment of material and substantial information by the petitioner in his affidavit which was accordingly sent on 14.7.2014. It is stated that the office of Election Commission of India intimated through letter to file case in the competent Court by the aggrieved person.