The Case that shook Swain family

   While reading a non-fiction book "The Case that Shook India" by Prashant Bhushan. Its about the case of the Late Prime Minister Indira Gandhi 's case where her candidature was declared void. Likewise a similar nature of case whuch shook the political scenario of Odisha as well as our Swain family. . The election case of Athgarh where the candidature of Mr. Ramesh Rout was declared null and void by the Hon'ble High Court and then the Apex Court. This was not a ordinary case, it was a case with immediate and far reaching political consequence. The common people assumes  that the case leads to the diminish of Pyari's rule in Odisha.
  It was on 6th April 2009 at around 1PM when I got a call from my uncle Mr.B.D.Mohapatra "Lal Raja Bhai's nomination file is cancelled and he wont be able to contest in the 2009 general election. And when the conversation was over with my mamu I was not able to control my tears which were rushing down to my cheeks. Was not able to give a call to anybody else I decided to call my younger vicky who was on his way to cuttack from bhubaneswar and told me our family is in deep trouble, I called my cousin Kumar bhai he instructed me to come immediately to dada's government quater. I reached dada's government quater in a flash. At first I met dada's son Akash who was standing alone in front of the gate weeping and crying.  I waited there for my dada's arrival. Earlier in the day when my dada's nomination file was rejected improperly the paticular moment dada had filed a petition before the Returning Officer Mr.Rajesh Patil to grant two days time to rebut the objection of the nomination paper but the R.O rejected the petition by giving an order  "The time proceeding can't be adjourn as there is no objection to Nomination and the case relates to non-filling of the document in original. So the petition is rejected". Then dada rushed to Election Commissioner office at bhubaneswar to meet the then chief election officer Smt.Alaka Panda. In the evening our eye balls were set to the TV what are the various opinions of the senior politicians. Not a single politician againstm dada but  the crooked pyari had given a byte on this "Bhagya tankara baamo hela". At the paticular moment I was imagining to enter inside the idiot box and give pyari a spank for uttering such baseless comments against my uncle. On thesame day we were getting ready to file a petition before the High Court nagaisnt the improper rejection of the nomination papers. Suddenly dada got a call from the CM Naveen Patnaik who was enquiring about the whole incident and was consolling dada to not to panic everything will be alright. He suggested my uncle to meet  Pyari mohan Mohapatra and discuss what can be done to overcome this situation and in the late night probably at 10PM he rushed to his residence to take advice. Though dada was bit hesitating to go to his residence and to seek his help regarding this matter. Because he very well knew that the main conspirator to do all this is none other than Pyari himself. He suggested my dada to file a petition in the High Court. On the next day dada took a first flight to Delhi and all other members of my family including my father were present in the High Court order. Hon'ble High Court gave an order dada's petition was accpeted and reffered him to knock the doors of Election Commission of India. The election commission of India rejected dada's plea to accept the nomination paper, but also directed to file a petition in the court within 45 days of the declaration of the election result.  As per the rule "The Representation of People Act,1951 it specifies that the result of an election announced by a Returning officer can only be challenged by an election petition brought before the Hogh Court whose jurisdiction the election was contested, and that the petition must be filled within 45 days of file announcement of the result.
       So it was on monday probably in the month of July,2009 but cant recall the date. Dada filed a case before the High Court. He appealed to the court under section 80,81 to 87,117 and section of 100 of Representation of People's Act 1951 challenging:-
(i) Challenging the result of the declaration of result dated 16thMay 2009 declaring the sole respondent to have been elected as Member of the Orissa Legislative Assembly from 89- Athgarh Assembly Constituency on ground that rejection of his nomination papaer by the R.O was illegal and improper.
(ii) The declaration of the election result of the respondent to be void.
(iii) To declare a casual vaccancy in the 89-Athgarh Assembly Constituency
(iv) To direct the appropriate authority to conduct election in Athgarh Assembly Constituency within the time specified / prescribed under law and other ancillary reliefs.
     The advocates who were engaged by dada were the most efficient advocates Senior Advocate Mr.Bidyadhar Moshra and Senior AdvocateMr.Pitambar Acharaya. The respondent's advocate was Mr.Subir Palit.   The public image of the advocates involved in the  case  was tarnished as it was not an ordinary case. Many senior legal luminaries has assumed this case as Ranendra Pratap Swain Vs Pyari Mohan Mohapatra. The Court examined all the evidence produced by both the parties in the priliminary stage. The nomination file of my uncle was examined throughly along with the check list  which is issued to the candidate by the R.O as a proof of the fact the documents disclosed by the candidate. And it was clarified that the check list in  token of reciept of the four sets of nomination including all the original documents submitted by dada. The witness from dada's side were Ravindranath Rout who was also the second petitioner in the case, dada himself and Mr.Tarini Kanta Biswal the Ex.Personal Secretary of dada who were the first and second proposer respectively. After hearing to all the witness from both parites the Hon'ble Judge wanted to take a cross of the then Returning Officer Mr. Rajesh Patil. Our senior learned counsel Mr.Bidyadhar Mishra first started to cross examine the R.O officer. After one day the court and all the members who were present in the court came to knew that he had done all this in a malafide intention and has grabbed a lump sum money from dada's opposition. After witnessing process the final hearing was heard in the court and case was over but the judgement was resolved. 
   On the 23rd June 2010 the case was listed for the final disposal. The entire was eagerly waiting for this day.  On that paticular day the entire family was shivering and oyr legs were shaken up to go to court and hear the verdict. Dada was absent and was with Bullu dada or Bullu Tripathy. About bullu dada I can't express him on the words what type of guy he is like. He is always with our family in our badtimes. Although he is a short temperred guy but is a clear hearted person. He accompanied dada on the way to cuuttack from bhubaneswar. The Hon'ble Justice Mr.Raghunath Biswal came and took the case. The case was listed on 8th matter. Slowly the turn came and the order was declared. "The appeals are admitted and the appropriate authorities are directed to conduct a fresh election in the 89- Athgarh Assembly Constituency".  I was sitting in  outside of the court premises along with my chaffeur Bagala in a tensed mood. Everybody came out from the court room without any reaction and was not able to know what was the order. After a while a it was declared that we have won the battle. We were happy and cherished and my father was weeping as we had a won a battle which he had never imagined. We rushed to our native home at cuttack and waited for dada's arrival. Dada had a heroic welcome at cutack. He took blessings from my father and mother and went straight to court to meet advocates who made this to happen. He had a serious discussions with the lawyers present there and was surronded by the media. The people of Athgarh were in a boisterous mood that day. They were celebrating as if it was a diwali. The judgement  spreaded like the wild fires across the contituency. And everybody was chanting slogans against Pyari monhan Mohapatra and Ramesh Rout. After two days the respondent appealed for an interim stay but was rejected. So he decided to go to Apex Court. Dada along with a lawyer rushed to the Apex Court to file a caveat file.
       In the caveat was filed by our advocate. The bench was comprising of two judges. On the first date the court rejected the appeal to give an interim stay. On the second date a complete stay was provided to Mr.Ramesh Rout. The court finished its priliminary stage after the counter file and rejoinder file was submitted to the court. The Court had orderred for final hearing of the case in the month of April 2011 with a gap of 6months. But due to iver oending of the cases dada's case was not being able to heard and we dada make a mentioning in the court by the help of Senior Advocate U.U.Lalit. The case was listed in the top of the list in the month of November2011. The two bench judges Hon'ble Justice R.M.Lodha and J.S Khehar heard the case. On behalf of appelant Ex.Soliciotr General of India Mr. Gopal Subramanium did the arguement and for dada it was Padma Bhushan Awardee Mr.K.K.Venu Gopal did the arguement. On the 9th December 2011 the final verdict was published. The orderrred ":Appeals are not admitted hence dismissed." 
  And the rest was histroy. We were back to power after 2.5years. One thing I was clear from this is that "In politics power accires mainly on the basis of the office which one holds. There is no easy come back in politics in a short term.