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IN THE HIGH COURT OF MEGHALAYA
S.R. SEN, J.
Conrad K. Sangma - Appellant
Versus
Dikkanchi D. Shira - Respondent
MC (EP) No. 1 of 2016 & El. Pet. No. 1 of 2016
Decided On : 17-11-2016
The court held that the election petition was not maintainable as the alleged corrupt practices did not constitute undue influence and did not affect the result of the election.
Fact of the Case:
The petitioner, Dikkanchi D. Shira, filed an election petition challenging the election of Conrad K. Sangma as a Member of Parliament from the Tura (ST) Parliamentary Constituency. The petitioner alleged that the respondent had engaged in corrupt practices by making false and misleading statements about the release of MGNREGA funds, thereby influencing the voters and affecting the result of the election.
Finding of the Court:
The court found that the respondent's statements did not amount to undue influence as they were not direct or indirect interference with the free exercise of electoral rights. The court also found that the statements did not affect the result of the election as there was no evidence that the voters were influenced by them.
Issues: Whether the respondent's statements amounted to undue influence.
Ratio Decidendi: The court held that the respondent's statements did not amount to undue influence as they were not direct or indirect interference with the free exercise of electoral rights. The court also found that the statements did not affect the result of the election as there was no evidence that the voters were influenced by them.
Final Decision: The court dismissed the election petition as not maintainable.
JUDGMENT :
S.R. SEN, J.
1. Heard Mr. K.C. Mittal, learned counsel for the Election Petitioner and Mr. A. Kashyap, learned counsel for the respondent.
2. The learned counsel for the election petitioner made an Application under Section 80, 80 A, and 81 read with Section 100(1)(b) and Section 123(2) of Representation of People Act, 1951 for declaring the election of the respondent who is the Returned/Elected candidate namely, Shri Conrad K. Sangma from 2-Tura (ST) Parliamentary' Constituency as void.
3. The brief fact of the Election Petitioner's case in a nutshell is that:
On 21st April, 2016 GOI, Ministry of Rural Development further, releases a sum of Rs. 71,68,50,000/- (Rupees Seventy One Crore Sixty Eight Lalch and Fifty Thousand) only for implementation of the MGNREGA for the financial year 2016-17 vide letter No. J-12027/1/2016-MGNREGA-IV Sl. No. 28.
On 22nd April, 2016 issued Gazette Notification.
On 27th April, 2016 the Election Petitioner Smt. Dikkanchi D. Shira filed her nomination as a candidate nominated by Indian National Congress (INC). The respondent Shri Conrad K. Sangma also filed his nomination as a candidate nominated from the National People Party (NPP).
29th April, 2016 was the last date of nomination.
30th April, 2016 was fixed for scrutiny of nomination and the respondent through telephone had raised objections before the General Observer (G.O) of the Parliamentary Constituency that release of MGNREGA funds of Rs. 100 crores to the Constituency concerned would "mislead and give undue advantage to his rival candidate". The Respondent therefore, requested the General Observer to defer the release of MGNREGA funds till the conduct of polls is completed.
Annexure-9 Page 52 of the Election Petition is the letter dated 30th April, 2016 addressed to the Returning Officer from the General Observe seeking guidance and instructions on the issues raised by the respondent.
On 1st May, 2016 the respondent during his election rally at Rangsakana and Ampati is accused of making false and misleading statements that the State Government had failed to submit Utility certificate for MGNREGA scheme amounting to Rs. 300 crores to the Central Government.
Annexure-6 Page 45-46 of the Election Petition is the newspaper clipping dated 2nd May, 2016.
On the last date of withdrawal of candidatures i.e. 2nd May, 2016 the Returning Officer (RO) declared the petitioner and the respondent as duly nominated candidates.
The Joint Chief Electoral Officer (JCEO), vide his letter dated 2nd May, 2016 which is at Annexure-12 Page 62 of the Election Petition states that the release of MGNREGA funds do not in any way violate the Model Code of Conduct.
(At Annexure-13, Page 65, of the Election Petition) the Returning Officer vide his letter dated 2nd May, 2016 clarified to the petitioner and the respondent that the release of funds under MGNREGA in the Parliamentary Constituency "should not attract violation of the MCC of the election, otherwise it may lead to deprivation of rural poor from getting their rightful wages".
On 4th May, 2016 (Annexure-14 of the Election Petition) it is alleged by the petitioner that ECI instructions were issued in reference to "SMS" send by the DG, ECI pertaining to deferment of release of MGNREGA funds with instructions to refer the matter to ECI. Subsequently, the ECI through its Additional Chief Electoral Officer, Mr. W. Khyllep vide letter dated 4th May, 2016 addressed to the Secretary, C & RD Department, Additional Mission Director, State Rural Employment Society, stated that the EC
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