LAWS(MANIP)-2020-11-7

MAYANGLAMBAM RAMESHWAR SINGH Vs. YENGKHOM SURCHANDRA SINGH

Decided On November 05, 2020
Mayanglambam Rameshwar Singh Appellant
V/S
Yengkhom Surchandra Singh Respondents

JUDGEMENT

(1.) This election petition has been filed by the petitioner under Section 100 (1) (d) (i) and (iv) of the Representation of People Act, 1951 to declare that the election of the first respondent from 37-Kakching Assembly Constituency in the 11th Manipur Legislative Assembly Election, 2017 is null and void and to declare that the petitioner is the duly elected Member In the 11th Manipur Legislative Assembly Election, 2017 from 37- Kakching Assembly Constituency.

(2.) The case of the petitioner is that in the last 11th Manipur Legislative Assembly Election, 2017 held on 8.3.2017, he was a contesting candidate in 37-Kakching Assembly Constituency set up by Bharatiya Janata Party. The Election Commission of India notified the election schedule for the 11th Manipur Legislative Assembly Election, 2017 on 4.1.2017 for holding election in two phases. Accordingly, the Election Commission of India, vide notification dated 9.2.2017, notified the second phase election schedule for 22 Assembly Constituencies in Manipur, including 37-Kakching Assembly Constituency in the following manner:

(3.) The petitioner has filed his nomination along with relevant documents, affidavits sworn before the Returning Officer. Similarly, the first respondent, who is a retired IAS Officer sponsored by the Indian National Congress and the second respondent, who is the candidate sponsored by Communist Party of India, have also filed their nomination papers.