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2023 Supreme(SC) 794

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Thangjam Arunkumar – Appellant
Versus
Yumkham Erabot Singh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Devadatt Kamat, Sr. Adv. Mr. David Ahongsangbam, Adv. Mr. Br Sharma, Adv. Mr. S Gunabanta Meitei, Adv. Mr. Mohan Singh, Adv. Mr. Javedur Rahman, Adv. Mr. Harsh Pandey, Adv. Ms. Rajkumari Banju, AOR
For the Respondent(s): Mr. Shadan Farasat, AOR Ms. Warisha Farasat, Adv. Mr. Aman Naqvi, Adv. Mr. Harshit Anand, Adv. Ms. Hrishika Jain, Adv. Ms. Natasha Maheshwari, Adv. Ms. Mreganka Kukreja, Adv.

JUDGMENT

Pamidighantam Sri Narasimha, J.

1. This appeal arises out of the decision of the High Court of Manipur1 [Hereinafter “the High Court”] dated 11.04.2023, whereby the returned candidate’s application under Order 7 Rule 11 of the Code of Civil Procedure, 19082[Hereinafter, “the CPC”], to dismiss the election petition filed by the unsuccessful candidate on the ground that it lacks material particulars and is in violation of mandatory requirements of law was rejected by the High Court. The returned candidate is the Appellant before us.

Facts:

2. The short and precise facts necessary for our consideration are as follows. The Appellant is the returned candidate to the XII Manipur Legislative Assembly, having been elected from the 15- Wangkhei Assembly Constituency. The Respondent No.1, the unsuccessful candidate moved Election Petition No. 24 of 20223[Hereinafter, “the CPC”] alleging violations under Sections 80, 80A, 81, 84 read with Sections 100(1)(d)(iv) and 101 of the Representation of People Act, 19514[Hereinafter, “the Act”]. The election petitioner prayed that the election of the Appellant be held void and also to declare him to be the elected candidate. It is important to no


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