"Politically Motivated": Orissa HC Slaps ₹5 Lakh On Company Secretary Who Challenged Union Minister Ashwini Vaishnaw's 2019 Election

The Orissa High Court has dismissed a writ petition filed by a Company Secretary challenging the 2019 election of Union Railway Minister Ashwini Vaishnaw to Rajya Sabha on the ground of submission of false affidavit along with the nomination papers.

While discouraging filing of such 'politically motivated' petitions, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman observed –

“The Courts exercising power of judicial review have duty to discourage filing of such frivolous and vexatious writ petitions as they clog the Courts with unnecessary litigations, which impede adjudication of genuine litigations, lying in queue.”

The Court noted that the petitioner had earlier made a complaint to the Election Commission of India (ECI) on 15.02.2024 alleging that Vaishnaw had made false declaration in his nomination papers.

Two weeks thereafter he sent an e-mail, on 29.02.2024, to the ECI questioning it for allowing the Minister to be returned again to the Upper House for a fresh term even when a complaint was pending against him.

On the same day, the ECI responded to the mail of the petitioner conveying that his complaint had already been registered in 'National Grievance Services Portal' and the concerned department was working on it for providing an appropriate response.

The petitioner averred that the conduct of the petitioner in filing false affidavit with the nomination paper is punishable under the IPC and the Representation of People Act. He further alleged that as the ECI did not take any action in the matter, he was constrained to approach the High Court seeking a writ of mandamus to the ECI to complete inquiry based on his complaint.

After going through the averments and allegations made in the writ petition, the Court was of the view that filing of the petition is a 'blatant abuse' of the process of the Court.

“Further, filing of the present writ petition is manifestly politically motivated, soon after declaration of General Elections. It is curious to note that the petitioner in his communication addressed to the Election Commission of India through his e-mail dated 29.02.2024 put questions as to why opposite party No.3 was declared elected to Rajya Sabha from Odisha and given the certificate by the Electoral Officer subsequently also, when his complaint was pending,” the Court observed.

The Court did not approve of the conduct of the petitioner in approaching the Court in less than a month time since he sent his complaint through an e-mail to the ECI, which was promptly acknowledged and responded.

The Division Bench further underlined that the general elections were declared by the ECI on March 18, 2024 and the petitioner filed the writ petition on the very next day, i.e. March 19, 2024.

The Bench clarified that the Court is not bereft of its power to entertain genuine petitions having political overtones, however, it expressed anguish over filing of vexatious petitions.

“…we find from the pleadings made in the present writ petition, as has been noted above, that this writ petition is politically motivated filed for ulterior reasons,” it held

To discourage similar petitions in the future, the Court imposed an exemplary cost of Rs. 5 lakh on the petitioner, which was directed to be deposited in the account of Advocates' Welfare Fund of the Orissa High Court Bar Association within three weeks.

Counsel for the Petitioner: In person

Counsel for the Respondents: Mr. Ashok Kumar Parija, Advocate General assisted by Mr. Debakanta Mohanty, Addl. Government Advocate; Mr. Gopal Agarwal, Advocate

Citation: 2024 LiveLaw (Ori) 30

Case Title: Bhagyadhar Behera v. Election Commission of India (ECI), New Delhi & Ors.

Case No: W.P.(C) No. 8446 of 2024

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