Heard Mr. N. Kumarjit, learned Senior counsel assisted by Mr. N. Surendrajit, Advocate and Mr. P. Tamphamani, Advocate for the election petitioner. Heard Mr. V. Giri, learned Senior counsel assisted by Ms. Punam Kumari, Advocate, Mr. Sapam Biswajit, Advocate, Mr. Manav Vohra, Advocate and heard also Mr. H. Ishwarlal, learned counsel appearing for the respondent/returned candidate.

2. The petitioner who had contested as a Nationalist Congress Party (NCP) candidate from the 27th Moirang Assembly Constituency in the 10th Assembly Election held in 2012 has challenged the election of the respondent who had successfully contested the election as an Indian National Congress (INC) candidate and seeking declaration of his election as void under Section 100(1)(d)(i) of the Representation of the People Act, 1951 (hereinafter referred to as the “RP Act/Act”).

3. The gravamen of the complaint of election petitioner as pleaded in the election petition is filing of false affidavit by the respondent at the time of submission of nomination paper which according to the petitioner would entail in rejection of his nomination paper and, indulging in corrupt practices and electoral malpractices