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IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Shri Yumkham Erabot Singh & Ors. - Appellants
Versus
Shri Okram Henry Singh & Ors. - Respondents
Election Petition No. 2 of 2017
Decided On : 15-04-2021
| Table of Content |
|---|
| 1. election petition filing requirements under rp act (Para 1 , 2 , 3 , 4 , 5) |
| 2. educational qualification misrepresentation (Para 6 , 7 , 8 , 9 , 10) |
| 3. pending criminal cases disclosure requirements (Para 11 , 12 , 13 , 14) |
| 4. election conduct and result implications (Para 15 , 16 , 17 , 18 , 19) |
| 5. statutory compliance for election nominations (Para 20 , 21 , 22 , 23) |
| 6. corrupt practices and election result nullification (Para 24 , 25 , 26 , 27) |
| 7. court's authority in election petitions (Para 28 , 29 , 30 , 31) |
| 8. requirement of complete disclosures in affidavits (Para 32 , 33 , 34 , 35) |
| 9. consequences of incomplete affidavit disclosures (Para 36 , 37 , 38 , 39) |
| 10. impacts of erroneous information on voter decisions (Para 40 , 41 , 42 , 43) |
| 11. summarized consequences of improper nominations (Para 44 , 45 , 46 , 47) |
| 12. judicial intervention standards in election laws (Para 48 , 49 , 50 , 51) |
JUDGMENT
1. This Election Petition has been filed by the Petitioner under Section 100(1)(d)(i) and (iv) of the REPRESENTATION OF PEOPLE ACT , 1951 to declare that the election of the respondent No. 1 from 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly Election 2017 is null and void and to declare the Petitioner as the Returned Candidate/duly elected members from 15-Wangkhei Assembly Constituency in the 11th Manipur Legislative Assembly Election 2017. Further, the Petitioner has also prayed for passing an Order for initiation of Criminal proceedings against the Respondent No. 1 under Section 125A and 127 of the REPRESENTATION OF PEOPLE ACT , 1951.
2. The case of the Petitioner is that in the last election to the 11th Manipur Legislative Assembly Election -2017 held on 4th March, 2017, the Petitioner was one of the contesting candidates from 15-Wangkhei Assembly Constituency being set up by the Bhartiya Janata Party (BJP for short). The Election Commission of India issued a Notification dated 07-02-2017 announcing the following programme for the election to be held in the said 60 Assembly Constituencies including 15-Wangkhei A/C.
| (a) The last date for filing nomination | - 15-02-2017 |
| (b) Date of Scrutiny of Nominations | -16-02-2016 |
| (c) Last date for withdrawal of Nomination/candidate | -18-02-2017 |
| (d) Date of Poll | -04-03-2017 |
| (e) Date before which the election was to be completed | -15-03-2017 |
| (f) Poll hours from 7.00 a.m. to 3.30 p.m. on the date of poll. | -7.00 a.m. to 3.00 pm |
3. The Petitioner and other Candidate including the Respondent No. 1 filed their nomination papers within the time specified and the nomination papers filed by 3(three) candidates were accepted by the R.O of 15-Wangkhei Assembly Constituency in which the petitioner is one of the candidates.
4. The Returning Officer of 15-Wangkhei Assembly Constituency published in the Official Gazette the list of the contesting candidates vide Notification dated 07-02-2017. The particulars of the contesting candidates were as under:
LIST OF CONTESTING CANDIDATES
| Sl. No. | Name of Candidates | Address of Candidates | Party Affiliation | Symbol Alloted |
| 1. | Okram Henry Singh | Mantripukhri, P.O. Mantripukhri, P.S. Heingang, Imphal East, Manipur795002 | Indian National Congress | Hand |
| 2. | R.K. Priyobatra Singh | Nongmeibung Wangkheirakpam Leikai, P.S. Porompat, Imphal East, Manipur795005 | All India Trinamool Congress | Flower and Grass |
| 3. | Yumkham Erabot Singh | Khurai Ahongei, Imphal East, P.O. Lamlong, P.S. Porompat, Manipur-795010 | Bharatiya Janata Party | Lotus |
5. According to the Petitioner, the Respondent No. 1 filed his Affidavit dated 13/02/2017 in Form 26 filed along with the nomination paper before the Returning Officer for election to the 11th Manipur Legislative Assembly Election from 15-Wangkhei Assembly Constituency. According to the Petitioner, the Respondent No.1 had furnished information at C
Non-disclosure of educational qualifications in election affidavits does not qualify as a corrupt practice under Section 123 of the Representation of People Act, 1951.
The failure to disclose the details of the pending criminal case is a corrupt practice, and the court directed the Secretary of the Legislative Council of Andhra Pradesh to make a reference to the Pr....
Candidates must fully disclose criminal cases and asset details during elections, as failure constitutes corrupt practice under the Representation of People Act, impacting informed voting.
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