SS. OLISH Vs. LUNKHOPAO HAOKIP

JUDGEMENT

(1.) This petition has been filed by the petitioner under Order 7, Rule 11(a) and Order 6, Rule 16 of the Code of Civil Procedure, 1908 read with Sec. 86 of the Representation of People Act, 1951 to reject the election petition, as it has failed to disclose triable cause of action and for non-compliance of the mandatory provision of Sec. 81 of the Representation of People Act, 1951 (for short, "the RP Act").

(2.) The petitioner is the first respondent/returned candidate in the election petition.

(3.) The election petitioner has filed the election petition to quash the election of the first respondent as returned candidate from 41-Chandel (ST) Assembly Constituency to the 12th Manipur Legislative Assembly Election, 2022 as null and void. Pending election petition, the first respondent has filed the present petition to reject the election petition on the ground that the election petitioner has failed to disclose the material facts and also the actual cause of action and for non-compliance of the provision of Sec. 81 of the RP Act.