KIMNEO HAOKIP HANGSHING Vs. KENN RAIKHAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant before this Court is a Member of Legislative Assembly (hereinafter "MLA") and was elected from the 46-Saikul Assembly Constituency in the 12th General Elections to the Manipur Legislative Assembly, which were held in 2022. The respondent, who was also a contestant from the same seat, filed an Election Petition before the High Court of Manipur challenging the result of the election on the grounds that the appellant has not disclosed her assets in her nomination papers and that she had indulged in "corrupt practices" in the election. The appellant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC") read with Sec. 86 of the Representation of the People Act, 1951 ("RPA") for rejection of the petition, which was dismissed. The application dismissed by the High Court on 5/7/2023 is presently under challenge before this Court.

(3.) The respondent in his Election Petition inter alia raised the following grounds in challenge to the election of the appellant: