PUKHREM SHARATCHANDRA SINGH Vs. MAIREMBAM PRITHVIRAJ

JUDGEMENT

(1.) Heard Mr. N. Kumarjit, learned senior counsel for the applicant/election petitioner and Mr. I. Ishwarlal, learned counsel for the respondent/returned candidate.

(2.) The present Misc. application has been filed by the election petitioner for disposal of the election petition under Order XV Rule 3(1) of the Code of Civil Procedure read with Sec. 87(1) of the Representation of the People Act, 1951 for granting the reliefs under (a) and (b) as prayed in the election petition by deciding the issues framed by this Court without adducing any evidence or examination of witnesses but on the basis of the pleadings.

(3.) The applicant had filed the Election Petition No. 1 of 2012 seeking for a declaration of the election of the respondent as void under Sec. 100(1)(d)(i) of the RP Act, 1951 which provides for declaring an election to be void if the result of the election, in so far as it concerns the returning candidate, has been materially affected by the improper acceptance of a nomination. Mr. Kumarjit, learned senior counsel for the petitioner has submitted that Sec. 33 of the RP Act, 1951 deals with the procedure for presentation of the nomination paper as well as requirements of a valid nomination. Sec. 33(A) of the Act further postulates for providing additional information mentioned therein and Rule 4A of the Conduct of Election Rules, 1961 provides that a candidate at the time of filing nomination of paper has to enclose an affidavit sworn by the candidate in Form No. 26 provided. Sec. 36(2) of the Act provides that the Returning Officer, after such summary enquiry, on objection or his own motion, may reject any nomination on the three grounds mentioned therein.