Orissa High Court Imposes ₹1 Lakh Cost On 'Frivolous' Plea Seeking To Declare S.69(ii) Of The Representation Of People Act As Unconstitutional

The Orissa High Court has dismissed a plea seeking to declare Section 69(ii) of the Representation of People Act, 1951 as unconstitutional, and imposed a cost of Rs 1 lakh on the petitioner. 

The petition, which was filed by one Bibhutibhusan Mohapatra, urged the Court to declare the aforesaid provision unconstitutional to have fair elections because democracy is the basic structure of the Constitution and free and fair election is the basic feature of democracy, which has been observed by the apex Court in the case of People's Union for Civil Liberties and another v. Union of India and another.

However, the Central Government Counsel appearing for the Union objected to the plea of the petitioner and doubted his credentials to file the petition. He further contended that the petitioner must satisfy the Court with regard to his source of income.

The counsel further questioned which aspect of the constitutional validity of the provision was challenged by the petitioner, since elections are being done in a free and fair manner.

The Division Bench of Acting Chief Justice Dr BR Sarangi and Justice MS Raman called upon the petitioner to explain the grounds based on which the aforesaid provision needs to be declared unconstitutional.

The petitioner could not explain anything except stating that democracy was the basic structure of the Constitution and that free and fair elections were a basic feature of democracy.

“Having heard learned counsel for the parties and after going through the records, when this Court to show bona fide called upon Mr. Bibhutibhusan Mohapatra, the petitioner appearing in person, to explain his credentials, it is contended that he himself has a fabrication unit and invested Rs.4.0 lakhs and, as such, his source of investment has not been disclosed,” the Court added further.

Therefore, the Court was of the considered view that the petition was filed by the petitioner frivolously, and that he had failed to justify as to how the impugned provision was ultra vires the Constitution. Further, the Court also questioned the credential/locus of the petitioner for filing the PIL.

Consequently, the Court dismissed the PIL imposing a cost of rupees one lakh, which was ordered to be deposited in the Advocate's Welfare Fund of the Orissa High Court Bar Association within seven days.

“Needless to say, if the amount is not deposited within the time stipulated, the State authority is free to initiate criminal proceeding against the petitioner, in addition to recovery of the amount under the Odisha Public Demands Recovery Act, 1962,” it further ordered.

Case Title: Bibhutibhusan Mohapatra v. Union of India

Case No: W.P.(C) No. 39461 of 2023

Date of Order: December 18, 2023

Counsel for the Petitioner: Petitioner-in-person

Counsel for the Respondents: Mr. B. Moharana, Central Govt. Counsel

Click Here To Read/Download Order