SHEIKH NOORUL HASSAN Vs. NAHAKPAM INDRAJIT SINGH

JUDGEMENT

(1.) This appeal is directed against the order of the High Court of Manipur at Imphal(High Court) dtd. 14/3/2023, whereby leave has been granted to the election petitioner (the first respondent herein) to file a replication in answer to the new facts asserted in the written statement filed by the returned candidate (the appellant herein).

(2.) The first respondent filed an election petition seeking a declaration that the election of the returned candidate, namely, the appellant herein, is null and void under: (a) Sec. 100(1) (d) (i) (ii) and (iv); and (b) Sec. 100 (1) (b) of the Representation of Peoples Act, 1951(1951 Act). In addition, thereto, a prayer was made to declare the election petitioner as duly elected from the concerned legislative constituency(Kshetrigao Assembly Constituency.) of 12th Manipur Legislative Assembly.

(3.) In the election petition, it was alleged, inter alia, that the returned candidate had failed to make necessary disclosures in the nomination paper/the affidavit (i.e., Form 26) which had a material bearing on the election result. In support of that allegation, particulars of such non-disclosure / incorrect disclosure were detailed in the election petition. These allegations, however, were not only traversed in the written statement filed by the returned candidate (i.e. the appellant herein) but additional facts were also laid out therein. As a result, the election petitioner filed an application seeking leave to file a replication, which came to be allowed by the impugned order of the High Court. Impugned Order