SANASAM PREMCHANDRA SINGH Vs. AHANTHEM SHANJOY SINGH

JUDGEMENT

(1.) The instant application, under Sec. 83 (1) (a) Representation of People Act, 1951 read with Order 6, Rule 2 and/or Order 6, Rule 4 and/or Order 6 Rule 16 and/or Order 7, Rule 11 and/or Order 15, Rule 1 of the Civil Procedure Code, 1908 is filed by the applicant/respondent No.1 (returned candidate) in the Election Petition No.13 of 2022, seeking for dismissal of the Election Petition as the Election Petitioner does not disclose a cause of action and there are no material facts/complete materials facts in the Election Petition upon which the election petitioner relies for his claim and reliefs.

(2.) The applicant is the returned candidate from Kumbi Assembly Constituency having elected on BJP ticket in 12 th Manipur Assembly election held in the year 2022 and he is respondent No.1 in the election petition filed by the respondent herein who is the second placed candidate contesting on Janata Dal (U) ticket. Respondent Nos. 2, 3 and 4 are other candidates from the constituency. For easy reference, the applicant herein will be referred to as 'returned candidate' and respondent No.1 herein as 'election petitioner' or 'petitioner'.

(3.) It is stated that the Election Petition had been filed in the context of the gross misrepresentation and concealment of facts, documents, assets, liabilities and holdings by the Applicant in filing his Form 26 Affidavit at the time of nomination for the 12th Manipur Legislative Assembly Election held in the month of February and March, 2022. The election of the returned candidate is challenged mainly on the grounds referred in Para 5-A, 5-B, 5-C, 5-D, 5-E and 5-F of the election petition for furnishing wrong information relating to his educational qualification and assets.