LAIRENM AYUM LAIRENMAYUM INDRAJEET SINGH INDRAJE Item No. 13 Date: 2026.02.20

10:35:33 +05'30' IN THE HIGH COURT OF MANIPUR ET SINGH AT IMPHAL MC(El.Pet.) No. 60 of 2022 [Ref: EL.PET. No. 17 of 2022]

Shri Chinlunthang, aged about 46 years, S/o (Late) Thangkhanlal, resident of Hiangtam (V) Singhat, Singhat Sub-Division, P.O. & P.S. Singhat, District:

Churachandpur, Manipur, Pin- 795139.

Applicant/s Vrs.

1. Shri Ginsuanhao Zou, aged about 62 years, S/o Late Thangzalang, resident of M. Buangmun Village, P.O. & P.S. Singhat District: Churachandpur, Manipur, Pin-795139 at present residing at Lailam Veng, P.O. & P.S.

Churachandpur, Manipur, Pin – 795128.

2. Shri Tuankhan Kiamlo Hangzo, aged about 61 years, S/o Late Vungkham Hangzo, resident of Paite Veng, P.O. Imphal, P.S. Lamphel District: Imphal West, Manipur, Pin- 795001.

3. Shri T. Hangkhanpau, aged about 58 years, S/o Late T. Doupu, resident of Singhat Hausa Veng, P.O. & P.S. Singhat, District: Churachandpur, Manipur, Pin-795139.

Respondent/s BEFORE HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR For the applicant : Mr. L. Shashibhushan, Sr. Advocate, instructed by Mr. Md. Fakaruddin, Advocate.

For first respondent : Mr. Ajoy Pebam, Advocate along with Mr. L. Rojeshon, Advocate.

Second & third respondents : Set ex-parte Date of Judgment & Order : 18.02.2026 JUDGMENT & ORDER (ORAL)

[1] Subject matter of captioned main election petition pertains to election to one of the Assembly Constituencies qua 12^th Manipur Legislative Assembly and the Assembly Constituency is 60-Singhat Assembly Constituency.

[2] Losing candidate who finished second, has filed the main election petition primarily on grounds of misrepresentation, concealment of facts, documents, assets and holdings by the returned candidate at the time of nomination. It is the contention of the election petitioner that in terms of Section 100 of ‘the Representation of Peoples Act, 1951 (43 of 1951)’ (‘RP Act’ for the sake of convenience) the alleged misrepresentation, concealment of facts, documents, assets and holdings is violation of Sections 33 & 33A of RP Act read with Rule 4A of ‘Conduct of Election Rules, 1961’ (‘said Election Rules’ for convenience). Owing to the scope of the legal drill at hand i.e., disposal of captioned Miscellaneous Case (MC) being MC(El.Pet.) No. 60 of 2022, it may not be necessary to dilate more on facts and grounds in the main election petition.

[3] As regards captioned MC, the same has been taken out by the returned candidate under Section 86 (1) of RP Act seeking dismissal of the main election petition on the ground that it does not comply with sub-Sections (1) & (3) of Section 81 of RP Act. To be noted, sub-Section (1) of Section 81 of RP Act mandates that the election petition may be ‘presented by’ any candidate qua election concerned or an elector. Elector has been explained vide explanation to Section 81(1) as a person entitled to vote at the election to which the election petition relates, irrespective of whether he has voted or not. It is not necessary to dilate on this aspect as the captioned election petition has been filed by a losing candidate who finished the 2^nd. Suffice to add that the losing candidate has also made an alternate prayer for declaring himself as the elected candidate in the aforesaid Assembly Constituency. Sub-Section (3) of Section 81 mandates that an election petition shall be accompanied by as many as copies as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his/her own signature to be a true copy of the petition.

[4] Before proceeding further it is necessary, for the purpose of capturing facts comprehensively to write that 2(two) other losing candidates have been arrayed as R2 & R3 in the main election petition. To be noted, ‘R2’ & ‘R3’ are abbreviations denoting ‘second respondent’ and ‘third respondent’ respectively. R2 & R3 in main election petition are R2 & R3 in captioned MC too. Though R2 & R3 have entered appearance