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2024 Supreme(SC) 433

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Sheikh Noorul Hassan – Appellant
Versus
Nahakpam Indrajit Singh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rakesh Kumar, AOR
For the Respondent(s): Mr. David Ahongsangbam, Adv. Mr. S Gunabanta Meitei, Adv. Mr. B R Sharma, Adv. Mr. Raj Singh, Adv. Ms. Rajkumari Banju, AOR Mr. Sanajaoba Pheiroijam, Adv.

JUDGMENT :

MANOJ MISRA, J.

1. This appeal is directed against the order of the High Court of Manipur at Imphal1 [High Court] dated 14.03.2023, whereby leave has been granted to the election petitioner (the first respondent herein) to file a replication in answer to the new facts asserted in the written statement filed by the returned candidate (the appellant herein).

Factual Matrix

2. The first respondent filed an election petition seeking a declaration that the election of the returned candidate, namely, the appellant herein, is null and void under: (a) Section 100(1) (d) (i) (ii) and (iv) and (b) Section 100 (1) (b) of the Representation of Peoples Act, 1951.2 [1951 Act] In addition, thereto, a prayer was made to declare the election petitioner as duly elected from concerned legislative constituency3 [Kshetrigao Assembly Constituency] of 12th Manipur Legislative Assembly.

3. In the election petition, it was alleged, inter-alia, that the returned candidate had failed to make necessary disclosures in the nomination paper/the affidavit (i.e. Form 26) which had a material bearing on the election result. In support of that allegation, particulars of such non-disclosure/incorrect disclosu

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