The Supreme Court on Friday upheld the judgment of the Orissa High Court and ordered fresh poll in Athagarh assembly constituency.
The apex court declared the election held for Athagarh seat in 2009 as null and void and said the independent MLA representing the area is not entitled to hold the post hence forth. The judgment would favour ruling Biju Janata Dal (BJD) as its candidate Ranendra Pratap Swain, a former minister, could not fight the last election for allegedly submitting a photocopy of the party ticket, instead of mandatory requirement of an original copy.
The MLA who won from the seat in 2009, Ramesh Rout, was an independent candidate and reportedly got BJD support after Swain could not fight the election. The High Court in June 2010 had declared the election of Ramesh Rout as null and void and ordered fresh election for the seat. But the independent MLA went to the apex court against the HC judgment.
The BJD has recently won the Umerkote by-election held on November 30.