Cuttack, June 21: Orissa High Court today rejected state finance minister Prafulla Ghadei’s plea seeking rejection of the petition challenging his win from the Sukinda Assembly constituency over two years ago.

Acting upon a petition, filed by former minister and senior Congress leader Sarat Rout, the high court had, on July 17, 2009, issued notices to Ghadei and other candidates who had contested from the Sukinda seat.

However, Ghadei had subsequently filed a petition seeking rejection at the very threshold without entering into hearing. As there were no material facts as required in an election petition there was no case for action, the senior BJD leader contended.

“While rejecting the plea, the single-judge bench of Justice R.N. Biswal ruled that the election petition will be considered for hearing on merit, as the required material facts had been submitted along with it,” Rout’s counsel Bidyadhar Mishra told The Telegraph.

Ghadei defeated Rout by 2,403 votes in the electoral battle in April, 2009. Rout had filed the petition alleging that his rival had won because of double voting by at least 3,000 BJD supporters in the constituency.

“There were double entries of names of as many as 5,000 voters in the electoral roll of the constituency. Moreover, votes of 3,000 of them were registered twice within the constituency in favour of the BJD in violation of Section 62 of the Representation of Peoples’ Act, 1951,” the petition contended.

Acceptance of the nomination of BJP nominee Dolagovinda Mahanta was “improper as he had not subscribed his oath after filing his nomination”. Though objection was raised, the defect was glossed over, the petition had further alleged.

“Rejection of the nomination could have been decisive as all the 2,436 votes the BJP nominee had got would have gone in favour of the Congress in view of the break up in BJD-BJP alliance,” the petition contended.

Biswal today also rejected a similar plea by Jitu Patnaik seeking rejection of a petition challenging his election as an Independent candidate from Champua Assembly constituency.

Sanatan Mahakud, one of the Independent candidates who had contested for the seat, had filed the petition alleging tampering of the EVMs and sought inspection of the machines.