MAIREMBAM PRITHVIRAJ @ PRITHBIRAJ SINGH Vs. PUKHREM SHARATCHANDRA SINGH

JUDGEMENT

(1.) THE present miscellaneous application has been filed by the respondent in the Election Petition No.1 of 2012, Sri Mairembam Prithviraj, seeking impleadment of the Returning Officer of 27 Moirang Assembly Constituency, 27-Moirang, Bishnupur District, Manipur, as respondent No.2 in the election petition, contending that he is a necessary party, which has been objected to by the election petitioner, Sri Pukhrem Sharatchandra Singh.

(2.) THE election petition was filed by Shri Pukhrem Sharatchandra Singh, who had contested as a candidate of ''Nationalist Congress Party'' against the present applicant in the 27 Moirang Assembly Constituency in the 10th Manipur Legislative Assembly Election held on 28.01.2012 in which the present applicant (respondent in the election petition) representing the ''Indian National Congress'' was declared elected. For the said 10th General Election of Manipur Legislative Assembly, 2012, the last date for submitting nomination papers was on 11.01.2012. Scrutiny of nomination papers was held on 12.01.2012 and last date of withdrawal of candidates was fixed on 14.01.2012. The election was held on 28.1.2012.

(3.) ACCORDING to the election petitioner, the respondent failed to file the relevant documents on 13.1.2012. However, the Returning Officer without taking a decision on the objection raised by the election petitioner, accepted the defective and invalid nomination paper filed by the respondent. As per the election petitioner, the nomination of the respondent is liable to be rejected under Section 36(2)(a) of the Representation of People Act, 1951 and the Returning Officer ought to have declared the petitioner as the elected candidate as there was no other valid candidature.