LALROUKUNG Vs. MAOKHO LAL THANGJOM

JUDGEMENT

(1.) This appeal is by the returned candidate against the order of the learned Judicial Commissioner, Manipur, declaring his election to the Legislative Assembly of the Union Territory of Manipur from Churachandpur constituency void and ordering re-poll.

(2.) In the General Elections held in 1967 Churachandpur constituency had a reserved seat for scheduled castes and tribes. There were altogether 7 candidates for that seat. Respondent 1 is a member of Gangto Tribe while the appellant belongs to Hmar Tribe, On March 8, 1967 the appellant was declared elected, he having received the highest votes, viz., 3558 votes as against 2654 votes obtained by the second best. Respondent 1 received only 2643 votes. Respondent 1 thereafter filed the present petition alleging therein several corrupt practices on the part of the appellant. These allegations were denied by the appellant in his written statement. The. Judicial Commissioner on the rival pleadings raised a number of issues, some of which he decided in favour of the appellant. In this appeal we are concerned only with issues 2, 4, and 7. These issues were :

(3.) At the hearing both parties led considerable evidence, oral as well as documentary. Some of the issues of "the Voice of Churachandpur" and other pamphlets said to have been published and distributed during the election campaign were also produced. Ex. A/7, an English translation of the news item in Paite language from the issue of "the Voiceof Churachandpur" dated January 25, 1967 announced the alliance between P.N.C. and the H.N.U. signed on January 18, 1967 and appealed to the Hmar people in Thanlon area to vote in favour of M. Goukhenpao, though a Paite, and the Paite people in Churachandpur area to cast their votes in favour of the appellant, though a Hmar. The news item declared that the alliance was between "the two giants" among the non-naga tribes of Manipur and therefore it .would be "awfully terrifying for others to contest as M.L.A." Ex. A/8, an English translation of an election bulletin issued by the P.N.C. and published in "the Voice of Churachandpur" announced that the village which voted best for the P.N.C. would be awarded "the General Election 1967 Cup" by the President of the P. N. C. On January 31, 1967 a pamphlet was issued by the Paite College Students Union at Imphal advocating solidarity amongst the Paites and warning that there were several enemies of the P.N.C. who had but up rival candidates with the object of disintegrating that solidarity and exhorted that it was imperative "for the Paites and the Hmars to stand united for the creation (Unification) of chin nation. Let us work every where we are so that their unity may bring forth diverse good fruits. The long-cherished hope of the now generation is the unification of the Chin nation. All our equals have crossed yonder. What about us - The leaflet further exhorted caution against the other candidates and stated "Let us remember that those individuals and villages who oppose the opinion of the P. N. C. and H. N. U. are the persons who sell out our nation and country. They will never be forgotten." Ex. A/13 is a bulletin issued by the H. N.U. announcing that "The alliance between the H. N. U. and the P. N. C. is for the success of both of us. So, this alliance which is good for the Hmars is also meant to be good for the Paites." The issue of "the Voice of Churachandpur" dated February 10, 1967 published a resolution of the third meeting of the Paite College Students at Imphal calling for support by the Paitcs to the candidates sponsored by the said alliance. The resolution noted that the said students had selected the delegates named therein to persuade the other candidates to retire from the contest with a message that the violated the party policy and had become turncoats to their nation and calling upon the leaders of the P.N. C. to be firm in their policy and threatening that those who opposed that policy "are not to be spared at all."