REGENT COMPUTRONICS PVT. LTD.

Pukhrem Sharatchandra Singh Appellant

V/S

Mairembam Prithviraj Respondents

Referred Judgements :-

T.M. JACOB V/S. C. POULOSE AND OTHERS [REFERRED TO]
VASHIST NARAIN SHARMA VS. DEV CHANDRA [REFERRED TO]
SURENDRA NATH KHOSLA VS. S DALIP SINGH [REFERRED TO]
JABAR SINGH VS. GENDA LAL [REFERRED TO]
SUBBARAO VS. MEMBER ELECTION TRIBUNAL HYDERABAD [REFERRED TO]
ANUP SINGH VS. ABDUL GHANI LACHMAN SINGH M L A [REFERRED TO]
MASTER CONSTRUCTION CO PRIVATE LIMITED VS. STATE OF ORISSA [REFERRED TO]
DURAI MUTHUSWAMI VS. N NACHIAPPAN [REFERRED TO]
SHARIF UD DIN VS. ABDUL GANI LONE [REFERRED TO]
SOORAJ DEVI VS. PYARE LAL [REFERRED TO]
MITHILESH KUMAR PANDEY VS. BAIDYANATH YADAV [REFERRED TO]
RAJENDRA SINGH J P GOYAL BISHAMBHAR NATH PANDE VS. USHA RANI:RAJ NARAIN:RAJ NARAIN [REFERRED TO]
HARCHARAN SINGH JOSH VS. HARI KISHAN [REFERRED TO]
L R SHIVARAMAGOWDA VS. T M CHANDRASHEKAR [REFERRED TO]
UMA BALLAV RATH VS. MAHESHWAR MOHANTY [REFERRED TO]
BHAGWAN RAMBHAU KARANKAL VS. CHANDRAKANT BATESINGH RAGHUWANSHI [REFERRED TO]
T PHUNZATHANG VS. HANGKHANLIAN [REFERRED TO]
UNION OF INDIA VS. ASSOCIATION FOR DEMOCRATIC REFORMS [REFERRED TO]
RAM PRASAD SHARMA VS. MANI KUMAR SUBBA [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [REFERRED TO]
HARIKRISHNA LAL VS. BABU LAL MARANDI [REFERRED TO]
CHANDRAKANT UTTAM CHODANKAR VS. DAYANAND RAYU MANDRAKAR [REFERRED TO]
UMESH CHALLIYIL VS. K P RAJENDRAN [REFERRED TO]
MANGANI LAL MANDAL VS. BISHNU DEO BHANDARI [REFERRED TO]
SHAMBHU PRASAD SHARMA VS. CHARANDAS MAHANT [REFERRED TO]
PONNALA LAKSHMAIAH VS. KOMMURI PRATAP REDDY [REFERRED TO]
SILVERTORE MANUFACTURING COMPANY OF INDIA VS. USHA SOI [REFERRED TO]
MUKHRIAR SINGH VS. CHIEF ELECTION OFFICER [REFERRED TO]
KUSHALCHAND VS. HARLAL [REFERRED TO]
PURUSHOTTAM VS. RETURNING OFFICER AMRAVATI [REFERRED TO]
VINOD VS. KIRPAL SINGH [REFERRED TO]
G.M. SIDDESHWAR VS. PRASANNA KUMAR [REFERRED TO]
RESURGENCE INDIA VS. ELECTION COMMISSION OF INDIA [REFERRED TO]
KISAN SHANKAR KATHORE VS. ARUN DATTATRAY SAWANT [REFERRED TO]

JUDGEMENT

(1.) Heard Mr. N. Kumarjit, learned Senior counsel assisted by Mr. N. Surendrajit, Advocate and Mr. P. Tamphamani, Advocate for the election petitioner. Heard Mr. V. Giri, learned Senior counsel assisted by Ms. Punam Kumari, Advocate, Mr. Sapam Biswajit, Advocate, Mr. Manav Vohra, Advocate and heard also Mr. H. Ishwarlal, learned counsel appearing for the respondent/returned candidate.

(2.) The petitioner who had contested as a Nationalist Congress Party (NCP) candidate from the 27th Moirang Assembly Constituency in the 10th Assembly Election held in 2012 has challenged the election of the respondent who had successfully contested the election as an Indian National Congress (INC) candidate and seeking declaration of his election as void under Sec. 100(1)(d)(i) of the Representation of the People Act, 1951 (hereinafter referred to as the "RP Act/Act").

(3.) The gravamen of the complaint of election petitioner as pleaded in the election petition is filing of false affidavit by the respondent at the time of submission of nomination paper which according to the petitioner would entail in rejection of his nomination paper and, indulging in corrupt practices and electoral malpractices inviting disqualification. Of the aforesaid 2 (two) grounds raised, the election petitioner has abandoned the allegations of electoral malpractices and corrupt practices and has focussed his assailment on the filing of false affidavit which according to the election petitioner would render the nomination paper materially defective and hence, though was liable to be rejected under Sec. 36(2)(b) of the Act, was improperly accepted, thus, rendering it fit for declaring the election of the respondent as void under Sec. 100(1)(d)(i) of the RP Act.

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PUKHREM SHARATCHANDRA SINGH Vs. MAIREMBAM PRITHVIRAJ

Referred Judgements :-

JUDGEMENT

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