1. The present miscellaneous application has been filed by the respondent in the Election Petition No. 1 of 2012, Sri Mairembam Prithviraj, seeking impleadment of the Returning Officer of 27 Moirang Assembly Constituency, 27-Moirang, Bishnupur District, Manipur, as respondent No. 2 in the election petition, contending that he is a necessary party, which has been objected to by the election petitioner, Sri Pukhrem Sharatchandra Singh.

2. The election petition was filed by Shri Pukhrem Sharatchandra Singh, who had contested as a candidate of “Nationalist Congress Party” against the present applicant in the 27 Moirang Assembly Constituency in the 10th Manipur Legislative Assembly Election held on 28.01.2012 in which the present applicant (respondent in the election petition) representing the “Indian National Congress” was declared elected. For the said 10th General Election of Manipur Legislative Assembly, 2012, the last date for submitting nomination papers was on 11.01.2012. Scrutiny of nomination papers was held on 12.01.2012 and last date of withdrawal of candidates was fixed on 14.01.2012. The election was held on 28.1.2012.

3. According to the election petitioner, at the time of scrutiny of nomination papers on 12.01.2012, the election petitioner objected to the nomination paper of the respondent (applicant herein) under Section 36(2) of the Representation of People Act, 1951 on the ground that (i) the respondent failed to file proper affidavit as prescribed under Article 173 of the Constitution of India and that the affidavit filed was a false one inasmuch as the respondent falsely deposed in para-9 of the affidavit that his highest educational qualification is MBA obtained from Mysore University in 2004, which was untrue, (ii) that the respondent submitted false information by putting the word “nil” in his affidavit in respect of residential building and also concealed particulars of his homestead land and structure (non agricultural land) at Moirang, where he is presently residing; and (iii) that the affidavit filed by respondent was not made, by subscribing the oath or affirmation before the Returning Officer or any competent authority as prescribed by the Election Commission of India.

The election petitioner, accordingly, raised objections to the nomination papers filed by the respondent and requested the Returning Officer, 27-Moirang Assembly Constituency (A/C) requesting for rejecting the nomination paper of the respondent for making false declaration, whereupon, the Returning Officer directed the respondent to furnish documents in support of his claim that he had passed MBA in 2004 from Mysore University and also relating to residential building at Moirang, to be submitted by 13.01.2012.

4. According to the election petitioner, the respondent failed to file the relevant documents on 13.1.2012. However, the Returning Officer without taking a decision on the objection raised by the election petitioner, accepted the defective and invalid nomination paper filed by the respondent.

As per the election petitioner, the nomination of the respondent is liable to be rejected under Section 36(2)(a) of the Representation of People Act, 1951 and the Returning Officer ought to have declared the petitioner as the elected candidate as there was no other valid candidature.

5. Accordingly, after the declaration of the respondent as the elected candidate from 27-Moirang Assembly Constituency, the election petitioner filed the Election Petition No. 1 of 2012 challenging the election of the respondent on various grounds. The election petitioner has raised certain allegations regarding the conduct of the Returning Officer and narrated the same in para Nos. 4.9, 4.13, 4.14, 4.15, 4.19 and 4.20 of the election petition. The gist of the allegations made in the said paragraphs in the election petition is that the Returning Officer had wrongly accepted the nomination of the respondent without deciding the objections raised by the petitioner