Cuttack: Paving way for the by-poll to Bijepur Assembly segment, the Orissa High Court on Monday closed the election dispute on the grounds that the retained candidate Subala Sahoo is no more.

The single judge bench of Justice D Dash said, since the only respondent in the case has expired, there is no need for the continuance of the proceedings.

The defeated candidate Prassana Acharya of Biju Janata Dal had filed the poll dispute challenging the election of Congress MLA Sahoo.
In his petition, Acharya, now a Rajya Sabha member, had sought the HC to declare the election of Sahoo invalid. He, however, had not made any prayer to declare him as the retained candidate.

The HC observed that since the petitioner had appealed for the declaration of the retained candidate’s election invalid, there was no need for continuance of the dispute as the sole respondent passed away during the pendency of the dispute.

With the HC disposing of the case, the Election Commission is now free to notify the election and declare the date.

The Biju Janata Dal (BJD) has already declared Sahoo’s widow Rita Sahu as the party candidate. She joined the ruling party after her husband’s death on August 22.

On the other hand, the Bharatiya Janata Party (BJP) and Congress are yet to name their candidates.