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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Kimneo Haokip Hangshing – Appellant
Versus
Kenn Raikhan – Respondent
JUDGMENT :
SUDHANSHU DHULIA, J.
1. Leave granted.
2. The appellant before this Court is a Member of Legislative Assembly (hereinafter “MLA”) and was elected from the 46-Saikul Assembly Constituency in the 12th General Elections to the Manipur Legislative Assembly, which were held in 2022.
The respondent, who was also a contestant from the same seat, filed an Election Petition before the High Court of Manipur challenging the result of the election on the grounds that the appellant has not disclosed her assets in her nomination papers and that she had indulged in “corrupt practices” in the election. The appellant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”) read with Section 86 of the Representation of the People Act, 1951 (“RPA”) for rejection of the petition, which was dismissed. The application dismissed by the High Court on 05.07.2023 is presently under challenge before this Court.
3. The respondent in his Election Petition inter-alia raised the following grounds in challenge to the election of the appellant:
Rejection of plaint – Election Petition should not be rejected at the very threshold where there is substantial compliance of provisions.
Election Petition – Requirement to file affidavit under proviso to Section 83(1)(c) of Representation of People Act, 1951 is not mandatory – It is sufficient if there is substantial compliance.
An election petition must disclose material facts to establish a cause of action; vague allegations are insufficient for dismissal, and substantial compliance with procedural rules is mandated.
Allegations of corrupt practice in an election petition must be supported by specific material facts and full particulars as required by Section 83 of the RP Act of 1951. Failure to plead such materi....
Election petitions must comply with statutory requirements, including proper affidavits and clear allegations, or they risk dismissal for lack of cause of action.
Election petitions must include precise material facts to establish a cause of action; failure to do so warrants dismissal per statutory requirements.
Failure to comply with statutory requirements regarding material facts and submission of integral documents renders an election petition dismissible at the threshold.
Election petitions must provide a concise statement of material facts; omissions lead to dismissal under statutory provisions when they do not substantiate a cause of action.
The failure to provide a concise statement of material facts in an election petition renders it liable for summary dismissal under Sections 83 and 100 of the Representation of People Act.
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