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High Court admits plea against Minister

Correspondent

CUTTACK: The High Court on Wednesday admitted an appeal filed by the Cuttack Sub-Collector challenging the ruling of the local SDJM court in which the lower court had refused to take the cognisance of a complain case against Cuttack city MLA Samir Dey who is now the State Higher Education Minister.

Admitting the appeal, the single judge bench of Justice Laxmikanta Mohapatra called for the records of the lower court. The High Court also issued a notice to the Minister as the senior BJP leader is implicated as an opposite party in the case.

The Cuttack Sadar Sub-Collector M. K Rath, who is also the returning officer of the Assembly constituency, filed the appeal in May this year following the SDJM court’s refusal to take cognizance of the case. The SDJM court, had however, admitted that there was prima facie evidence against the political leader.

Following instructions from the Election Commissioner of India, Mr. Rath had filed a complain case against Dey alleging that the BJP leader had submitted ‘false affidavits’ at the time of filing nomination papers during the 2004 Assembly elections. The SDJM court was urged to take cognisance of the case under Section 177 of IPC (furnishing false information to public servant).

The district administration after a thorough probe had found that Dey had given false information pertaining to pendency of criminal cases against him in courts.

While four criminal cases were pending against the BJP leader prior to his filing of nomination paper on April 6, 2004, Dey had not furnished these information in the two affidavits he submitted along with the nomination paper. Filing of false affidavits by Dey was first brought to the light by Cuttack district Congress committee general secretary Sashi Bhusan Das last year.

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