NINGTHOUJAM MANGI Vs. SANASAM BIRA SINGH

JUDGEMENT

(1.) Heard Shri A. Mohendro, learned Advocate appearing for the review petitioner while Shri Serto T. Kom, learned Advocate appearing for the respondent No. 1. None appears for the other respondents.

(2.) The instant review petition is directed against the order dated 04- 09-2020 passed by this Court in the election petition.

(3.) Facts and circumstances which have led to the filing of the present review petition are, in short, that the election for the 11th Manipur Legislative Assembly was held on 04-03-2017 and the respondent No.1 was elected and declared as the returned candidate for the Kumbi Assembly Constituency. Being aggrieved by the election, the above election petition was filed by the petitioner mainly on two grounds- firstly, from the election expenditure account submitted by the respondent No.1 on 10-04-2017 to the District Election Officer, Bishnupur, it is reflected that he received a sum of Rs.3,00,000/- (Rupees three lakhs) from Shri A. Priyokumar by cash on 10-03-2017 and another sum of Rs.63,500/- (Rupees sixty three thousand and five hundred) from Shri L. Bhoben on 11-03-2017 by cash as donations and a sum of Rs.961/- as loan. The factum of having received a total sum of Rs.3,64,461/- (Rupees three lakhs sixty four thousand and four hundred sixty one) was recorded in the summary report prepared by the District Election Officer, Bishnupur. The receipt of donation for a sum of Rs.3,00,000/-(Rupees three lakhs) and Rs. 63,500/-(Rupees sixty three thousand and five hundred) by cash on 10-03- 2017 and 11-03-2017 respectively by the respondent No.1 as reflected in his Abstract Statement of Election Expenses dated 10-04-2017, amounts to commission of corrupt practice within the meaning of Section 123(6) of the Act, 1951. Hence, the election of the respondent No.1 is illegal and is liable to be set aside under Section 100(1)(b) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act, 1951'. As per the provisions of Section 33 and 33(A) of the Act, 1951 read with Rule 4A of the Conduct of the Elections Rules, 1961, a candidate is required to file an affidavit duly sworn to along with his nomination paper. Secondly, the respondent No.1 made a false declaration /statement in his affidavit dated 13-02-2017, filed along with his nomination paper, pertaining to his liabilities towards financial Institutions/ Banks. The respondent No.1 took a loan for a sum of Rs.10,00,00/- (Rupees ten lakhs) from the State Bank of India for buying a Motor Car/ Vehicle which he failed to purchase and In addition thereto, he obtained another loan of Rs.5,00,000/- (Rupees five lakhs) only being the advance for purchase of a Motor Car and this time too, no Motor Car was purchased by him. These facts were not disclosed by the respondent No.1 in his affidavit dated 13-02-2017 filed before the Returning Officer who ought to have rejected such nomination but since his nomination was not rejected by the Returning Officer, the respondent No.1 was allowed to contest the election. Due to improper acceptance of the nomination paper of the respondent No.1 by the Returning Officer, the result of the election in so far as it concerns the respondent No.1 has been materially affected and therefore, a prayer has been made to declare the election of the respondent No.1 as the returned candidate as null and void.